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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 against a High Court order that dismissed its application for leave to appeal against the acquittal of criminal accused. The Supreme Court held that while the High Court has discretion to refuse leave to appeal against acquittals, it must apply its mind, examine materials on record, and record clear reasons for its decision. A bare order rejecting the application without any reasoning or findings constitutes non-application of mind and is invalid. The Court set aside the High Court's order and remanded the matter for fresh consideration on merits, emphasizing that if arguable points exist, leave must be granted."

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Criminal Appeal Criminal Procedure Appellate Practice Leave to Appeal Acquittal Reasoned Orders High Court Powers

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