1974 (9) TMI 120

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..... red heard the learned Advocates for the parties. This is yet another case in which a criminal first appeal against a conviction has been dismissed summarily under Section 421 of the Criminal Procedure Code. We have heard both sides. Mr. Wad for the State has strenuously contended that the High Court has power to dismiss summarily and has cited several decisions, but in all these cases there is not .....

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..... rguable case is made out on a perusal of those documents. Since we are not in a position to ascertain and it is contended before us that arguable points do arise in this case in support of which the statement made in special leave petition has been read to us, we are not in a position to say that an arguable case does not arise. We would have been able to do so even if we had the slightest inkling .....

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..... hich the person convicted entertains a doubt about his conviction and has to suffer the anxiety caused thereby. We do hope and trust that the series of decisions over this long period disapproving of the practice of summarily dismissing by one word will be taken note of and this Court will not be ultimately burdened with such appeals arising out of summary dismissals which is really the function .....

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