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[Cites 0, Cited by 8] [Section 384] [Entire Act]

Union of India - Subsection

Section 384(1) in The Code of Criminal Procedure, 1973

(1)If upon examining the petition of appeal and copy of the judgment received under Section 382, or Section 383, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily :Provided that :-
(a)no appeal presented under Section 382 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same;
(b)no appeal presented under Section 383 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case;
(c)no appeal presented under Section 383 shall be dismissed summarily until the period allowed for preferring such appeal has expired.