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Criminal · Reportable judgment

Manoj Rameshlal Chhabriya vs Mahesh Prakash Ahuja & Anr.

Court
Supreme Court of India
Date
27 February 2025
Case No.
Criminal Appeal No. 1048 of 2017
Result
Disposed
Bench
J.B. Pardiwala, R Mahadevan
Citation
[2025] 2 S.C.R. 1433 : 2025 INSC 282
Acts & Sections
CrPC
Supreme Court Reports [2025] 2 S.C.R. 1433 : 2025 INSC 282
Issue for consideration
What are the parameters that a High Court should keep in mind while granting or refusing a leave to appeal filed under Section 378(3) of the Cr.P.C.
Headnote

Criminal Law – Section 378(3) of Code of Criminal Procedure, 1973 – Leave to appeal against acquittal order: Held: High Court should primarily see whether prima facie case is made out based on the materials on record while considering application for grant of leave under sub-section (3) of Section 378 of the Cr.P.C and thereafter should adjudicate the appeal on merits. [Paras 12-13]

High Court to apply judicial mind to discern whether arguable points have been raised – No reappreciation of evidence to be done at the stage of Section 378(3) of Code of Criminal Procedure, 1973:

Held: Court relied on State of Maharashtra v. Sujay Mangesh Poyarekar (2008) 9 SCC 475 wherein it was held that while it cannot be said that all applications seeking grant of appeal must be allowed, the High Court also does not reappreciate the evidence at this stage to ascertain whether the judgment appealed against is perverse or not – It was further held that in cases where leave is refused, High Court must consider all materials on record including witness testimonies and pass a reasoned order reflecting application of mind by High Court so that its order is free from any illegality – At the same time if materials on record reveal any need for reappreciation of evidence to decipher viability of the order sought to be challenged, leave must be granted and appeal must be heard on merits. [Para 7]

Right to appeal – Life and liberty – Human fallibility: Held: Court relied on Sita Ram v. State of U.P. (1979) 2 SCC

656 which held that at least one right to appeal is imperative so that the guarantee of life and liberty is ensured because humans, including judges, are not infallible – It also held that such a right of appeal ensures that before any irreversible deprivation of life or liberty is done, a given case is relooked into both factually and legally to ensure fairness.

Keywords: Section 378(3) CrPC · Leave to appeal · Appeal against acquittal order · Circumstantial evidence · Prima facie case · Perverse · Universal application · Application of mind · Relevant material · Speaking order · Reappreciation of evidence · Life and liberty · Human infallibility · Remand · Section 372 CrPC

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Niti Richhariya, Hony. Associate Editor (Verified by: Kanu Agrawal, Adv.). Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. This appeal is at the instance of the original first informant brother of the deceased, seeking to challenge the order passed by the High Court of Judicature at Bombay in Criminal Application No.207 of 2013, dated 22nd of August 2013, by which the High Court in an appeal filed by the State against the judgment and order of acquittal, declined to grant leave under sub-section (3) of Section 378 of the Criminal Procedure Code (hereinafter referred to as, “Cr.P.C.”). 2. We are conscious of the fact that the acquittal appeal was at the instance of the State. As leave came to be declined
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