AIR 1986 SUPREME COURT 1070 ::1986 CriAppR(SC) 56 ::1986 CurCriJ 156 ::1986 UP CriR 138 ::(1986) 1 CriLC 666 ::1986 (2) SCC 90 ::1986 ChandLR(Civ&Cri) 431 ::(1986) AllCriC 129 ::1986 SCC(Cri) 108 ::1986 (88) Bom LR 193 ::1986 CalCriLR 78 ::1986 BLJR 437 ::1986 (1) Crimes 455 ::(1986) EastCriC 309 ::(1986) 1 SCJ 345 ::(1986) SC Cr R 86

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): O. Chinnappa Reddy, V. Khalid , JJ

Constitution of India , Art.136— Dismissal of criminal appeals by High Court summarily with one word "dismissed" - No speaking order made - Practice of Bombay High Court deprecated. Criminal P.C. (2 of 1974) , S.384— Power to dismiss an appeal in limine must be exercised sparingly and with great circumspection. In case of conviction for murder the High Court must admit the appeal and allow fair and independent consideration of evidence. Summary rejection of the appeal with the laconic expression 'dismissed' seems to be a drastic step in such cases. To so reject an appeal is to practically deny the right of appeal. "The requirement of recording reasons for summary dismissal, however concise, serves to ensure proper functioning of the judicial process". There must be some indication that the High Court addressed itself to the questions at issue and had the record before it.(Para 3) Whenever a further right to question the judgment of a Court or tribunal is provided by the Constitution or statute, the Court or tribunal should make a speaking order when finally adjudicating the case. It is noticed that writ petitions under Art. 226 of the Constitution are often dismissed by the High Courts without a speaking order thus virtually compelling the Supreme Court to re-hear the matter in a petition under Art. 136 of the Co....