Supreme Court of India · 2008-02-25
M/S GOYAL ENTERPRISES vs STATE OF JHARKHAND
- Citation / case number
- SC 2006/20501
- Court
- Supreme Court of India
- Petitioner
- M/S GOYAL ENTERPRISES
- Respondent
- STATE OF JHARKHAND
- Author
- ARIJIT PASAYAT
- Bench
- J.M. PANCHAL DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the Jharkhand High Court's refusal to grant leave to appeal under Section 378(4) of the Code of Criminal Procedure, 1973, was unsustainable due to the absence of reasons in its order. The Court emphasized that a speaking order is essential for clarity and judicial discipline, as established in previous cases such as State of U.P. v. Battan and State of Maharashtra v. Vithal Rao Pritirao Chawan. The Court set aside the High Court's order, allowing the appeal to proceed for a thorough examination of the acquittal.