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august 1983

Supreme Court of India · 1983-08-18

SHIVAJI NARAYAN BACHHAV vs STATE OF MAHARASHTRA

Citation / case number
SC 1983/66175
Court
Supreme Court of India
Petitioner
SHIVAJI NARAYAN BACHHAV
Respondent
STATE OF MAHARASHTRA
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court held that the High Court's summary dismissal of an appeal under Section 384 of the Criminal Procedure Code, particularly in serious cases like murder, effectively denies the right of appeal. The Court emphasized that appellate courts must exercise their power to dismiss appeals in limine sparingly and must provide a speaking order to ensure fair consideration of evidence. The Court allowed the petition, directing the High Court to admit the appeal and consider it according to law.

SHIVAJI NARAYAN BACHHAV vs STATE OF MAHARASHTRA · Niyam