http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 5
PETITIONER: PRATAP SINGH
Vs.
RESPONDENT: THE STATE OF VINDHYA PRADESH (NOW MADHYA PRADESH)
DATE OF JUDGMENT: 18/11/1960
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER KAPUR, J.L. GUPTA, K.C. DAS DAYAL, RAGHUBAR AYYANGAR, N. RAJAGOPALA
CITATION: 1961 AIR 586 1961 SCR (2) 509
ACT: Criminal Procedure-Right of Appeal-Procedure when appellant in jail-If discriminatory-Finality of order on appeal-Code of Criminal Procedure 1898 (V of 1898) ss. 420, 421, 430- Constitution of India Art. 14.
HEADNOTE: The appellant filed an appeal while he was in jail which was summarily dismissed on merits. Thereafter lie filed a Memo- randum of Appeal through a pleader which was rejected on the ground that it was not maintainable owing to his appeal from jail under S. 420 of the Code of Criminal Procedure having been dismissed earlier. His review petition before the judicial Commissioner was also dismissed but his prayer for certificate under Art. 132(1) was granted. The question was whether S. 421 of the Code of Criminal Procedure which enables a court to dismiss an appeal filed by a convicted person, while he was in jail, without hearing him offended against Art. 14 of the Constitution. Held, that the Code of Criminal Procedure in giving the right of appeal in Ch. XXXI based it on a classification which was rational and reasonably connected with the object the Legislature had ...