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Supreme Court of India 2018-08-29 allowed

State of Uttar Pradesh vs Anil Kumar @ Badka & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

The State of Uttar Pradesh appealed a High Court order that rejected its application for leave to appeal against an acquittal order without assigning any reason. The Supreme Court held that the High Court failed in its duty to apply reasoned mind when deciding the leave application. The Court established that High Courts must consider whether prima facie cases or arguable points exist, record reasons for their decisions, and grant leave if the evidence warrants deeper scrutiny. The unreasoned dismissal order violated settled legal principles and was set aside, with the case remanded for the High Court to decide the leave application afresh on merits.

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Criminal Procedure Appellate Practice Leave to Appeal Acquittal Reasoning Requirements

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