Supreme Court · 1992 INSC 297 · Decided 2 November 1992
Kishan Singh v. State of Uttar Pradesh
- Court
- Supreme Court of India
- Citation
- 1992 INSC 297 · [1992] SUPP. 2 S.C.R. 305
- Case number
- CRIMINAL APPEAL No. 183/1993
- Decided
- 2 November 1992
- Bench
- L.M. SHARMA, K. RAMASWAMY, N. VENKATACHALA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 374, 382, 383, 384; CPC Section 47, 11, 17; Prevention of Corruption Act Section 5(2)
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 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 A c D and a fine of Rs. 200. He filed an appeal under Section 374 of the Criminal
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