Case Note & Summary
The Bombay High Court addressed the scope of hearing at the admission stage of an appeal filed by a victim under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The applicant, Dharmendrakumar @ Sanjay Vijaynarayan Mishra, had filed Criminal Application No. 55 of 2017, which the court treated as an appeal. The court noted that the Supreme Court in Mallikarjun Kodagali v. State of Karnataka had settled the controversy that an appeal by a victim under the proviso to Section 372 is a matter of right and does not require leave under Section 378 Cr.P.C. The court then examined the procedure for admission of such appeals, holding that Section 384 Cr.P.C. governs the summary dismissal of appeals. Under Section 384, the appellate court may dismiss an appeal summarily if, upon examining the petition of appeal and the judgment, it considers that there is no sufficient ground for interfering. However, before dismissal, the appellant or his pleader must be given a reasonable opportunity of being heard. The court clarified that this hearing is not a full-fledged hearing on merits but an opportunity for the appellant to demonstrate that the appeal is not frivolous and has some substance. The court can consider the petition and the judgment to decide if there is any sufficient ground for interference. If the court finds no merit, it may dismiss the appeal summarily after hearing the appellant. The court directed the Registry to number the application as a criminal appeal and listed it for admission hearing.
Headnote
A) Criminal Procedure - Victim's Appeal - Proviso to Section 372 Cr.P.C. - Right of Appeal - The appeal by a victim against acquittal under the proviso to Section 372 Cr.P.C. is a matter of right and does not require leave under Section 378 Cr.P.C. as held by the Supreme Court in Mallikarjun Kodagali v. State of Karnataka. (Para 2) B) Criminal Procedure - Summary Dismissal - Section 384 Cr.P.C. - Scope of Hearing - At the admission stage of an appeal, the court may summarily dismiss the appeal under Section 384 Cr.P.C. if there is no sufficient ground for interference, but only after giving the appellant or his pleader a reasonable opportunity of being heard. The hearing at this stage is not a full-fledged hearing on merits but an opportunity to show that the appeal is not frivolous and has some substance. (Paras 3-5) C) Criminal Procedure - Admission Stage - Hearing - The court at the admission stage can consider the petition of appeal and the judgment of the trial court to decide whether there is any sufficient ground for interference. If the court finds no merit, it may dismiss the appeal summarily after hearing the appellant. (Paras 4-5)
Issue of Consideration
What is the scope of hearing at the admission stage of an appeal filed by a victim under the proviso to Section 372 of the Code of Criminal Procedure, 1973?
Final Decision
The court directed the Registry to number the application as a Criminal Appeal and listed it for admission hearing. The court held that the appeal under the proviso to Section 372 Cr.P.C. is a matter of right and no leave is required. At the admission stage, the court may summarily dismiss the appeal under Section 384 Cr.P.C. if there is no sufficient ground for interference, but only after giving the appellant a reasonable opportunity of being heard.
Law Points
- Appeal by victim under proviso to Section 372 Cr.P.C. is a matter of right
- no leave required under Section 378 Cr.P.C.
- Section 384 Cr.P.C. governs procedure for summary dismissal of appeals
- hearing at admission stage is not a full-fledged hearing but opportunity to show sufficient ground for interference
