Ram Kant Pandit vs Emperor

Ali Imam, J.—The order of the learned District Magistrate of Shahabad dismissing the appeal of Ram Kant Pandit is composed of one line." This appeal is summarily dismissed." This order of the learned Magistrate is ultra vires of the Code of Criminal Procedure and the point is concluded by authority. It was held in Gurubari Behera v. Emperor 43 Ind Cas. 439 : 2 P.L.J 635 : 19 Cri.L.J. 151 that in dismissing appeals u/s 421 of the Code some reason should be given and that without such reason the summary dismissal would involve either a remand of the appeal to be admitted and heard or an examination of the evidence by this Court. The learned Magistrate of Shahabad has not acted in accordance with the principle laid down in this ruling. His order of summary dismissal of the appeal is set aside, and the case is sent back with directions to the District Magistrate to admit the appeal and try it.