Top
News Updates

Section 482 CrPC: HC Should Assign Reasons As To Why A Petition Is Allowed Or Rejected: SC [Read Judgment]

LIVELAW NEWS NETWORK
19 May 2019 6:38 AM GMT
Section 482 CrPC: HC Should Assign Reasons As To Why A Petition Is Allowed Or Rejected: SC [Read Judgment]
x
"Time and again, this Court has emphasized the necessity of giving reasons in support of the conclusion because it is the reason, which indicates the application of mind."

The Supreme Court has once again made it clear that it is obligatory for the High Court to assign the reasons as to why a petition filed under Section 482 of Criminal Procedure Code is allowed or rejected. The bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari in Jitender Kumar @ Jitender Singh vs. State of Bihar set aside a Patna High Court order which...

Your free access to Live Law has expired
To read the article, get a premium account.
    Your Subscription Supports Independent Journalism
Subscription starts from
599+GST
(For 6 Months)
Premium account gives you:
  • Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.
  • Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.
Already a subscriber?

The Supreme Court has once again made it clear that it is obligatory for the High Court to assign the reasons as to why a petition filed under Section 482 of Criminal Procedure Code is allowed or rejected.

The bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari in Jitender Kumar @ Jitender Singh vs. State of Bihar set aside a Patna High Court order which had dismissed a petition seeking to quash the summons issued to the accused in a murder case. While remanding the matter to the High Court, for fresh consideration, the bench said:

The need to remand the case to the High Court has occasioned because on perusal of the impugned order, we find that paras 1 to 4 contain facts of the case, paras 5 and 6 contain the submissions of the learned counsel for the parties, paras 7 to 9 refer to what transpired in the Trial Court, paras 10 and 11 contain quotation from two decisions of this Court and para 12 contains the conclusion

Disapproving the approach of the High Court, the bench said that, in the impugned order,neither there is any discussion and nor the reasoning on the submissions urged by the counsel. It said :

"Time and again, this Court has emphasized the necessity of giving reasons in support of the conclusion because it is the reason, which indicates the application of mind. It is, therefore, obligatory for the Court to assign the reasons as to why the petition is allowed or rejected, as the case may be."

Read Judgment


Next Story
Share it