Krishna Pati and Brundaban Pati vs Emperor

James, J.—The petitioners have been convicted of offences u/s 352 I.P.0., while one of them has been further convicted of an offence punishable u/s 448.

The trying Magistrate in an elaborate judgment dealt with the evidence which had been adduced on behalf of the prosecution and of the defence, but the appeal from his decision was summarily dismissed by the District Magistrate u/s 421, Criminal P.C. by an order for which no reasons were given. Mr. M. Subba Rao on behalf of the petitioner suggests that the learned District Magistrate, since his order was open to revision, ought to have stated what arguments were put forward on behalf of the appellant and why they were not accepted. He does not suggest that the learned District Magistrate was obliged to admit the appeal merely because it was presented by a pleader, but he points out that the appellate Court after hearing the pleader and examining the record was actually in the position in which he would have been if after admitting the appeal and hearing arguments for the appellant, he had considered it unnecessary to call upon the Public Prosecutor to reply.

I think that this appeal must be remanded for rehearing. As was pointed out in the case of Guru Bari Behera v. Emperor [1918] 19 Cri.L.J 151 it is not illegal to dismiss an appeal in this way, but the appellate Court which thus summarily disposes of an appeal without discussing arguments of the advocate for the appellant takes a risk that the appeal should be remanded unless the High Court is satisfied that the appellate Court really has considered the arguments adduced on behalf of the appellant, or has applied his mind to the consideration of the facts of the case.

For this the High Court has to depend upon the written record, and it is only where the facts are unusually clear that the Court can be satisfied in revision that a summary order u/s 421, Criminal P.C, was justified. For these reasons I must set aside the order of the lower appellate Court and remand the appeal to the District Magistrate for rehearing by himself or by any Magistrate who may be empowered to hear appeals.