High Courts must give proper reasons in orders dismissing applications for leave to appeal

Against an order of acquittal, the High Courts must give brief reasons as to why an order is being disposed which seeks leave to appeal under the relevant provisions of the CR.P.C., said the Supreme Court.

The Supreme Court bench comprising of Justices D.Y. Chandrachud and M.R. Shah said that it’s not sufficient for the High Court to observe that the trial court has taken a possible view without application of mind to the evidence and the findings are not consistent with the duty which is assigned to the High Court for determining weather leave should be granted to appeal gainst the order of the acquittal or not.

In the instant matter, the Supreme Court remanded the matter back to the Allahabad High Court which dismissed an application for leave to appeal.

The appellant in this case contended that the High Court must give proper reasons as why an application for leave to appeal is being dismissed under section-378 of the Code of Criminal Procedure, 1973. For which, the court has to scrutinize properly all the evidence and findings.

Therefore, the matter will now being heard again by the High Court of Allahabad.

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