J.J.MERCHANT vs S.N.CHATURVEDI

The Supreme Court addressed the procedural requirements under Section 378(4) IPC regarding the grant of leave to appeal against an acquittal. The Court held that the High Court must hear the accused before granting leave, as the absence of proper service to the accused rendered the leave order invalid. Consequently, the Court set aside the impugned order granting leave to appeal, emphasizing the necessity of adhering to procedural fairness in criminal proceedings.