Jagnarain Dubey and others vs Ghinhu Dubey

Dhavle, J.—It was laid down in Thakur Sahu v. Emperor 1930 Pat 331 = 1930 Cr C 616 = 31 Cri LJ 760, that a Sessions Judge or a Magistrate whose orders are subject to revision by the High Court ought, save in very exceptional cases, to give some reasons for summarily dismissing a criminal appeal under S. 421, which will show that he had really considered the points raised by the appellant and that the appeal is actually without foundation. One has merely to read the judgment of the trial Court in this case, and to bear in mind the fact that there was a number of accused persons who did not by any means, put forward one common defence, to see that this was not the the exceptional kind of case referred to by James, J., in the ruling I have cited. On the face of that judgment there is more than one matter that requires consideration by the Court of appeal. The order of dismissal under S. 421 must therefore be set aside, and the District Magistrate directed to dispose of the appeal in accordance with the law.