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Issues: Whether a criminal appeal raising arguable and substantial questions of fact or law could be dismissed in limine by a single-word order without reasons, and whether such dismissal warranted interference and remand.
Analysis: The right of appeal under Section 410 of the Criminal Procedure Code extends to questions of fact and law, except in the limited class of jury trials governed by Section 418. A High Court may summarily dismiss an appeal, but where the memorandum raises arguable and substantial points, reasons should be recorded for rejection. A bare dismissal makes it impossible to discern the basis of the decision and is inappropriate where the appeal discloses substantial grounds requiring consideration on merits. On the facts, the appeal raised several substantial issues, including the effect of the acquittal of the co-accused and the evidentiary basis for the finding of intimacy.
Conclusion: The summary dismissal was unsustainable and the appeal had to be heard afresh on merits.
Final Conclusion: The dismissal order was set aside and the matter was remitted to the High Court for fresh disposal after hearing the parties.