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High Court should state reasons while dismissing an application for leave to appeal, says SC

Team SoOLEGAL 30 Aug 2018 11:30am

High Court should state reasons while dismissing an application for leave to appeal, says SC

The Supreme Court on Wednesday ruled that it would be wrong for a High Court to reject an application for leave to appeal without assigning any reason.

The ruling was handed down by a bench of Justices AM Sapre and UU Lalit, while deciding an appeal filed by the State of Uttar Pradesh against the Allahabad High Court judgement, which had dismissed an appeal challenging an order of Additional Sessions Judge without stating any reasons for the same.

The HC judge had dismissed the State’s appeal against the acquittal of the accused (Respondents).

The accused were charged and tried for offences punishable under Sections 363, 366, 376 and 120­B of the IPC, 1860 in the court of Additional District Judge, Kannauj.

The judge had acquitted the accused in May 2014.

Aggrieved by this, the state filed an application for leave to appeal challenging this acquittal before the Allahabad HC under Section 378 (3) of the CPC.

The HC, however, rejected this application and refused to grant leave to the state without stating any reasons for the said dismissal.

During the SC hearing, the counsel representing the State of Uttar Pradesh submitted before the bench that the absence of reasoning behind the dismissal of State’s application, the HC verdict was “bad in law”.

The petitioner has also claimed that there were many discrepancies and errors in the judgement passed by the HC judge against which the leave to appeal was sought.

Setting aside the impugned order of the High Court, the SC bench observed,

The question as to how the application for grant of leave to appeal made under Section 378 (3) of the Code should be decided by the High Court and what are the parameters which the High Court should keep in mind remains no more res integra.”

 

Tagged: Applications for Leave to Appeal   Allahabad HC   IPC   Section 378   CrPC   Justice AM Sapre   Justice UU Lalit   SC  
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