Supreme Court of India · 1973-03-13
MUSTAQ AHMED MOHED HUSSAIN MUKHTAR HUSSAIN ALI HUSSAIN vs THE STATE OF GUJARAT
- Citation / case number
- SC 1973/60338
- Court
- Supreme Court of India
- Petitioner
- MUSTAQ AHMED MOHED HUSSAIN MUKHTAR HUSSAIN ALI HUSSAIN
- Respondent
- THE STATE OF GUJARAT
- Bench
- DUA, I.D.
Judgment text excerpt
The Supreme Court held that the High Court's summary dismissal of an appeal under Section 421 Cr.P.C. must be based on a judicial scrutiny of the appeal and the impugned order, requiring the recording of reasons even for concise dismissals. The Court emphasized that arguable points raised by the appellants necessitate a thorough examination rather than a mere dismissal. Consequently, the Court remanded the case back to the High Court for a fresh decision, underscoring the importance of addressing all points raised in the appeal.