Code of Criminal Procedure, 1973: s.378(3) – Application seeking leave to file appeal – Parameters which the High Court should keep in mind for deciding the application, discussed – In the instant case, the trial court and the appellate court ordered acquittal of the respondent – State filed application seeking leave to file appeal challenging the acquittal – High Court declined to grant leave and rejected the application – State’s appeal – Held: High Court in its order neither set out the facts nor the submission of the parties nor the findings nor the reason as to why the leave to file appeal was declined to the appellant – Thus, it was a clear case of non-application of mind to the case by the High Court – Impugned order set aside and matter remitted to High Court for deciding the application for grant of leave to appeal afresh on merits in accordance with law keeping in view the law laid down in Sujay Mangesh case – Penal Code, 1860 – ss.363, 366, 376, and 120B. State of Maharashtra v. Sujay Mangesh Poyarekar (2008) 9 SCC 475 : [2008] 13 SCR 750 – relied on.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.