2008 (2) TMI 963

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.... Mr. Shashwat Gupta, Adv., Mr. Kumar Kartikay, Adv. For 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....

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.... There is no appearance on behalf of the respondent-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....

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....e forum, has been lost once and for all. The manner in which appeal 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 furth....

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....1950 (in short the 'Constitution'). 7. Reason is the heartbeat 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....