BANI SINGH vs STATE OF U.P.

The Supreme Court held that the High Court's dismissal of the appeal for non-prosecution was unjustified, as it did not consider the merits of the case. The Court emphasized that under Sections 384-386 of the Code of Criminal Procedure, 1973, an appeal should not be dismissed summarily without proper examination. The Court referred to the conflict between the rulings in Ram Naresh Yadav & Ors. Vs. State of Bihar and Shyam Deo Pandey & Ors. Vs. State of Bihar, leading to the case being heard by a larger bench, ultimately allowing the appeal and setting aside the High Court's order.