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july 2008

Supreme Court of India · 2008-07-15

State Of Himachal Pradesh vs Shish Ram

Court
Supreme Court of India
Petitioner
State Of Himachal Pradesh
Respondent
Shish Ram
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the Himachal Pradesh High Court's dismissal of the State's application for leave to appeal against an acquittal was unsustainable due to the absence of reasons in its order, violating the principles of natural justice and the requirement for judicial transparency. The Court emphasized that Section 378(3) of the Code of Criminal Procedure mandates the High Court to provide reasons for its decisions, particularly when denying leave to appeal. Consequently, the Supreme Court set aside the High Court's order and directed it to reconsider the application with adequate reasoning.

State Of Himachal Pradesh vs Shish Ram · Niyam