425. (1) If upon examining the petition of appeal and copy of the judgment received under section 423 or section 424, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily:
Provided that-
(a) no appeal presented under section 423 shall be dismissed unless the appellant or his advocate has had a reasonable opportunity of being heard in support of the same;
(b) no appeal presented under section 424 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case;
(c) no appeal presented under section 424 shall be dismissed summarily
until
the period allowed for preferring such appeal has expired.
(2) Before dismissing an appeal under this section, the Court may call for the record of the case.
(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so.
(4) Where an appeal presented under section 424 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under section 423 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 434, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 421 Special right of appeal in certain cases
Section 422 Appeal to Court of Session how heard
Section 423 Petition of appeal
Section 424 Procedure when appellant in jail
Section 425 Summary dismissal of appeal
Section 426 Procedure for hearing appeals not dismissed summarily
Section 427 Powers of Appellate Court
Section 428 Judgments of subordinate Appellate Court
Section 429 Order of High Court on appeal to be certified to lower Court
Section 430 Suspension of sentence pending appeal; release of appellant on bail