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2008 (2) TMI 963 - SC - Indian Laws

Issues involved: Challenge to order passed by Single Judge of Rajasthan High Court dismissing application for grant of leave to prefer an appeal u/s 378(1) of Cr.P.C.

Background: Respondent faced trial for offences u/s 498(A) and 304(B) of IPC, accused of murdering victim for dowry. Trial court acquitted accused, State filed application for leave to appeal, which was rejected. Appellant argued summary dismissal not sustainable.

Legal Provisions: Section 378 of Cr.P.C. deals with High Court's power to grant leave in case of acquittal. Sub-sections (1) and (3) outlined.

Analysis: High Court's order lacked reasoning, failed to consider admission of accused and official witnesses' testimony. Lack of reasons made order unsustainable. Previous cases emphasized need for speaking order in such matters. Absence of reasons hampers appellate scrutiny and violates judicial discipline.

Importance of Reasons: Reasons are crucial for just conclusions, essential for transparency and accountability in decision-making. Failure to provide reasons hampers judicial review and denies justice. Previous judgments highlighted the significance of giving reasons in legal orders.

Conclusion: High Court's order set aside, matter remitted for fresh consideration in accordance with law. Emphasis on the importance of providing reasons in legal orders reiterated. Appeal allowed without costs.

 

 

 

 

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