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.