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Issues: Whether the High Court could summarily dismiss an application for leave to appeal against acquittal under Section 378(3) of the Code of Criminal Procedure, 1973 without recording reasons.
Analysis: Leave to appeal against acquittal is a judicial determination affecting the availability of appellate scrutiny. A refusal to grant leave closes the door to examination of the acquittal in appeal, and therefore the order must disclose at least brief reasons showing application of mind. A non-speaking one-line dismissal does not satisfy the requirement of a reasoned judicial order, particularly where the order is susceptible to further challenge. The obligation to give reasons is a settled incident of fair adjudication and judicial discipline, and courts are bound to follow the declared law requiring a speaking order in such matters.
Conclusion: The High Court's unreasoned dismissal of the leave application was unsustainable. Leave to appeal ought to have been considered by a reasoned order, and the matter was required to be heard on merits after grant of leave.
Final Conclusion: The order refusing leave was set aside, and the State's appeal was permitted to proceed before the High Court for fresh consideration in accordance with law.
Ratio Decidendi: An application for leave to appeal against acquittal under Section 378(3) of the Code of Criminal Procedure, 1973 must be decided by a speaking order recording reasons, and a bare dismissal without reasons is unsustainable.
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