Section 380 of the Code of Criminal Procedure lays down that every appeal is to be made in the form of a petition in writing presented by the appellant or his Pleader. Unless the Court otherwise directs, every such petition is to be accompanied by a copy of the judgement or order which is appealed against. However, an Appellate Court may, in its discretion, receive an appeal unaccompanied by such a copy. (Sitaram, — 5 B.L.R. 704)
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If the appellant is in jail, he can present his petition of appeal to the Officer in charge of the jail, who must thereupon forward it to the proper Appellate Court.
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S. 384 gives an Appellate Court power to summarily dismiss an appeal. It provides that if, upon examining the appeal and the copy of the judgement enclosed therewith, the Appellate Court considers that there is no sufficient ground for interfering in the matter, it may dismiss the appeal summarily.
Before doing so, the Court may also call for the record of the case. Moreover, if such summarily dismissal is by a Sessions Court or by the Chief Judicial Magistrate, the reasons for such summary dismissal must also be recorded.
However, the powers of a Court to summarily dismiss an appeal are to be exercised subject to the following three qualifications:
(i) If the appellant is in jail, the appeal cannot be dismissed, except after giving the appellant a reasonable opportunity of being heard in the support of the same, unless the Appellate Court considers that the appeal is frivolous or that production of the accused before the Court would involve inconvenience which is disproportionate in the circumstances of the case.
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(ii) In other cases, i.e., when the applicant is not in jail, the appeal cannot be dismissed unless the appellant or his Pleader has had a reasonable opportunity of being heard in support thereof.
(iii) If the appellant is in jail, the appeal cannot be dismissed summarily until the period allowed by law for preferring such an appeal has expired.
If the Appellate Court does not summarily dismiss the appeal as above, it must give notice of the time and place at which the appeal is to be heard—
(a) To the appellant or his Pleader;
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(b) To such Officer as the State Government may appoint for his purpose;
(c) To the complainant, — if the appeal is from a judgement of conviction in a case instituted upon a complaint; and
(d) To the accused, if it is an appeal by the State Government against acquittal or any other sentence.
Thereafter, the Appellate Court must send for the records of the case, and hear the parties. If, however, the appeal is only as regards the extent or legality of the sentence, the Court may dispose of the appeal without sending for such records.
It is also to be remembered that where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant cannot urge any other ground except with the leave of the court.