MALIK, J. - (1.) THE point referred to this Bench by a learned single Judge is whether a Government Appeal filed under Section 417, Criminal Procedure Code, can be summarily dismissed under Section 421, Criminal Procedure Code, by a learned Judge sitting alone.
(2.) THE practice in this Court has been that all criminal appeals, whether cognizable by a Bench of two learned Judges or by a learned single Judge, are presented before a learned Single Judge authorised to receive applications in criminal matters who admits the appeals, directs notices to be issued and cases cognizable by a Bench of two learned Judges are then listed before such Bench for final disposal after service of notice, while cases cognizable by a learned single Judge are listed before a single Judge.
(3.) THAT , criminal appeals, whether filed by an accused against an order of conviction or by the State against an order of acquittal, can be dismissed summarily under Section 421, of the Code cannot be doubted, though at one stage the learned Deputy Govt. Advocate urged that Section 421 did not apply to an appeal under Section 417 of the Code. This submission, however, has no force and learned counsel had to concede that Section 421 applied to all appeals. Chapter 31, Criminal Procedure Code, provides for appeals and Sections 405 to 418 lay down what orders or judgments are appealable and to which court. Section 417 authorises the State Government to direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any court other than a High Court. Section 418 then provides that an appeal lies both on questions of fact as well as on questions of law. Sections 419 and 420 then deal with the question how appeals are to be presented. Section 419 lays down that every appeal shall be made in the form of a petition in writing presented by the appellant, or his pleader, and every such petition has to be accompanied by a copy of the judgment or order appealed against; and Section 420 deals with appeals as presented by the appellants in jail. Section 421 deals with all appeals whether presented under Section 419 or Section 420, which would include an appeal filed by the State Government against an order of acquittal. Section 421 lays down that on receiving the petition and copy of the order under Section 419 or Section 420, the appellate court shall peruse the same and if it considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily. Then there is a Proviso which requires that such summary dismissal can only be after the appellant or his pleader has been given an opportunity to be heard, and the second part of the section gives the Court the power to send for the record, if it thinks necessary, before dismissing the appeal summarily, but it is bound to do so. Section 422 then provides that if an appeal has not been dismissed summarily then notice is to be issued to the other side and the case is to be heard and disposed of in the manner provided for in the Code. There can, therefore, be no doubt that the Court has the power to dismiss an appeal filed under Section 417 by or on behalf of the State Government summarily, if it is not satisfied that there are sufficient grounds for admitting it and issuing notice to the other side. The question, however, remains whether such an order of summary dismissal can be passed by a learned single Judge or by a Bench of two Judges. This question has to be decided in accordance with the Rules of the Court. Chapter V deals with Jurisdiction of Judges sitting alone or in division courts and reliance is placed on Chapter V, Rule 2 (1) and it is said that a motion for the admission of a memorandum of appeal is cognizable by a learned single Judge whether such a motion is made in a criminal or a civil matter. The question, therefore, is whether a motion for the admission of a memorandum of appeal under Rule 2 (1) of Chapter V includes a petition of appeal in a criminal matter. On behalf of the State, it is urged that clauses (i) to (vi) deal with civil matters and clauses (vii), (viii) and (ix) deal with criminal matters, and this Rule must be divided, therefore, in two parts, the first part dealing with civil matters and the second part dealing with criminal matters. In support of this interpretation it is urged that in a criminal matter there is no need for a motion for the admission of a memorandum of appeal and the High Court Rules as also the Criminal Procedure Code has used the words "petition of appeal" and not "memorandum of appeal", when referring to appeals in Criminal matters and it is further pointed out that the context in which these words occur goes to show that they were intended to apply only to civil appeals and not to criminal appeals.;