Supreme Court of India
Kishan Singh v. State of Uttar Pradesh
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From the headnote
Code of Criminal Procedure, 1973 : Sections 374, 382, 383, 384. Criminal appeal-Non-prosecution-Power of Court to dismiss-Heid a criminal appeal cannot be dismissed for non-prosecution-Appel/ate court should examine the petition of appeal and judgment under challenge and consider the merits of the case before dismissing the appeal summarily-Dis tinction between crinlina/ and civil appeal di,1:cussed. Civil Procedure Code, 1908 : Order 47 Rule 11, 17 and 19. The appellant was convicted under Section 5(2) of the Prevention of Corruption Act and was sentenced to two years rigorous imprisonment
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