Law: Criminal Procedure Code (V of 1898)

Section: 420, 422, 423, 561

(a) Criminal Procedure Code (V of 1898), Ss. 420, 422 & 423 read with S. 561-A-Appeal-Jail appeal dismissed sum marily -Convict cannot re-agitate matter by filing an appeal through counsel-Such appeals can be summarily dismissed even without hearing appellant-Powers under S. 561-A can be exer cised to reconsider orders or dismissal of an appeal passed without jurisdiction or without notice to counsel of appellant. If a jail appeal has been summarily dismissed the convict has no right to re-agitate the matter by filing an appeal through counsel and the judgment of the High Court becomes conclusive. The position, however, would be different where during the pendency of the jail appeal, the convict chooses to file an appeal through a counsel. The provisions regarding the hearing of appeals are contained in Chapter XXXI of the Criminal Procedure Cods. It is open to an appellate Court under section 420, Cr. P. C. to dismiss an appeal received from jail in limine without issuing notice. When a notice is issued the appellant may ask for personal hearing but if he has engaged a counsel he is not entitled to a personal hearing and a notice has to go only to his counsel. In view of the provisions of section 420, Cr. P. C. which gave a right to the Court to dismiss summarily an appeal received from jail without granting a hearing to the appellant, the jail appeals could be dealt with in the absence of the appellant even after a notice had been issued under section 422, Cr. P. C. It is now established that the powers under section 561-A of the Criminal Procedure Code can be exercised to reconsider the orders of dismissal of an appeal or application passed without jurisdiction or without notice to the party to whose prejudice such an order is passed. Pom Mahlon v. King-Emperor I L R 14 Pat. 392 ; Ram Jas and others v. Emperor A I R 1936 Oudh 219 ; Muhammad and 2 others v. The State P L D 1961 Kar. 709 ; Queen-Empress v. Pohpi and others I L R 13 All. 171 ; Emperor v. Lal Bahadur I L R 50 All. 543 ; Gulzar Hasan Shah v. Ghulam Murtaza and 4 others P L D 1970 S C 335 ; Muhammad Sadiq v. Crown A I R 1925 Lah. 355 ; Ranga Rao v. Crown 16 1 C 518 ; Tad! Soma Naidu and…