Supreme Court of India · 2016-05-17
State Of Rajasthan vs Firoz Khan @ Arif Khan
- Citation / case number
- AIR 2016 SUPREME COURT 2389
- Court
- Supreme Court of India
- Petitioner
- State Of Rajasthan
- Respondent
- Firoz Khan @ Arif Khan
- Author
- Abhay Manohar Sapre
- Bench
- Ashok Bhushan, Abhay Manohar Sapre
Judgment text excerpt
The Supreme Court held that the High Court's dismissal of the State's application for leave to appeal under Section 378(3) of the Criminal Procedure Code, 1973, was flawed due to lack of reasoning. The Court emphasized that the High Court must apply its mind to the merits of the case when deciding on such applications, as established in State of Maharashtra vs. Sujay Mangesh Poyarekar. The appeal was allowed in part, necessitating the High Court to reconsider the application for leave to appeal.