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High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court

LIVELAW NEWS NETWORK
27 July 2021 4:30 AM GMT
High Court Must Give Brief Reasons In Order Disposing Application Seeking Leave To Appeal Against Acquittal: Supreme Court
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The Supreme Court reiterated that brief reasons must be given in an order disposing an application for leave to appeal under Section 378 ofthe Code of Criminal Procedure 1973 against an order of acquittal.Merely observing that the order of the trial Judge has taken a possible view without an application of mind to the evidence and the findings is not consistent with the duty which is cast...

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The Supreme Court reiterated that brief reasons must be given in an order disposing an application for leave to appeal under Section 378 ofthe Code of Criminal Procedure 1973 against an order of acquittal.

Merely observing that the order of the trial Judge has taken a possible view without an application of mind to the evidence and the findings is not consistent with the duty which is cast upon the High Court while determining whether leave should be granted to appeal against an order of acquittal, the bench comprising Justices DY Chandrachud and MR Shah said.

The court set aside an order passed by Allahabad High Court in a leave application against acquittal and remanded the matter back.

In this case, the appellant's contention was that while considering an application for the grant of leave to appeal against the order of acquittal, the High Court was required to scrutinize the evidence and findings and to determine as to whether leave should be granted to appeal.

We are of the view that the impugned judgment of the High Court does not meet the requirements which are to be observed, consistent with the provisions of Section 378 of the Code of Criminal Procedure 1973, where the High Court hears an application for leave to appeal against an order of acquittal, the bench said after perusing the impugned order. Referring to State of Madhya Pradesh vs Giriraj Dubey, State of Orissa vs Dhaniram Luhar and Chaman Lal vs State of Himachal Pradesh, the bench said:

6...The High Court must set forth its reasons, indicating at least in brief, an application of mind to the nature of the evidence and the findings which have been arrived at. In other words, merely observing that the order of the trial Judge has taken a possible view without an application of mind to the evidence and the findings is not consistent with the duty which is cast upon the High Court while determining whether leave should be granted to appeal against an order of acquittal.

Observing thus, the bench remitted the matter back to High Court for fresh consideration.

Case: Brijesh Singh vs. State of Uttar Pradesh [CrA 646 of 2021]
Coram: Justices DY Chandrachud and MR Shah
Counsel: Sr. Adv Sonia Mathur for appellant, Adv Z U Khan for respondent
Citation: LL 2021 SC 331

Click here to Read/Download Judgment




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