Reasoned consideration in leave against acquittal required before summary refusal; matter restored for fresh disposal.

A summary dismissal of a State's leave petition against acquittal was unsustainable where the High Court did not examine the trial court's reasons or record its own. The Supreme Court held that, in such circumstances, the High Court must consider the grounds and evidence and give reasons so the decision rests on a considered judicial basis. It declined to express any view on the merits of the evidence, set aside the High Court's order, and restored the matter for fresh disposal in accordance with law with reasons.

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Issues: Whether the High Court's dismissal in limine of the State's petition for leave to appeal against acquittal, without examining the reasons of the trial court or giving reasons of its own, was sustainable and whether the matter required reconsideration by the High Court.

Analysis: The appeal challenged a summary refusal of leave to appeal against acquittal. The record showed that the trial court had acquitted the accused after discarding prosecution evidence, and the High Court had rejected the leave petition without a reasoned consideration of the grounds or the evidence. In such a situation, the Supreme Court considered it appropriate that the High Court first examine the matter and record reasons so that the decision could be tested on a considered judicial basis. The Supreme Court therefore refrained from expressing any opinion on the merits of the evidence.

Conclusion: The High Court's order was set aside and the matter was restored to the High Court for fresh disposal in accordance with law with reasons.

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