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TMI Blog2008 (2) TMI 963X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Respondent : None. ORDER Dr. ARIJIT PASAYAT, J. 1. Leave granted. 2. Challenge in this appeal is to the order passed by a learned Single Judge of the Rajasthan High Court, Jaipur Bench, dismissing the application filed for grant of leave to prefer an appeal in terms of Section 378 (1) of the Code of Criminal Procedure, 1973 (in short the Cr.P.C. ). 3. Background facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t-accused. 4. Section 378 of the Code deals with the power of the High Court to grant leave in case of acquittal. Sub-sections (1) and (3) of Section 378 read as follows: 378(1) Save as otherwise provided in subsection (2) and subject to the provisions of sub-section (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal against acquittal has been dealt with by the High Court leaves much to be desired. Reasons introduce clarity in an order. On plainest consideration of justice, the High Court ought to have set forth its reasons, howsoever brief in its order, indicative of an application of its mind; all the more when its order is amenable to further avenue of challenge. The absence of reasons has rendered th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eat of every conclusion, and without the same it becomes lifeless. (See Raj Kishore Jha v. State of Bihar and Ors. (2003 (7) Supreme 152). 8. Even in respect of administrative orders, Lord Denning M.R. in Breen v. Amalgamated Engineering Union (1971 (1) All E.R. 1148) observed The giving of reasons is one of the fundamentals of good administration . In Alexander Machinery (Dudley) Ltd. v. Crab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision has gone against him. One of the salutary requirements of natural justice is spelling out reasons for the order made; in other words, a speaking out. The inscrutable face of a sphinx is ordinarily incongruous with a judicial or quasi-judicial performance. 9. The above position was highlighted in State of Orissa v. Dhaniram Luhar (2004(5) SCC 568). 10. Therefore, the impugned order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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