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august 2018

Supreme Court of India · 2018-08-29

The State Of Uttar Pradesh vs Anil Kumar @ Badka

Citation / case number
AIR 2018 SUPREME COURT 4006
Court
Supreme Court of India
Petitioner
The State Of Uttar Pradesh
Respondent
Anil Kumar @ Badka
Author
Abhay Manohar Sapre
Bench
Uday Umesh Lalit, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court addressed the appeal by the State of U.P. against the High Court's dismissal of its application for leave to appeal under Section 378(3) of the Criminal Procedure Code, 1973, following the acquittal of the accused under Sections 363, 366, 376, and 120-B of the IPC. The Court emphasized that the High Court must provide reasons when denying leave to appeal, referencing the precedent set in State of Maharashtra vs. Sujay Mangesh Poyarekar. The Court ultimately held that the High Court's order was flawed for lack of reasoning, thereby allowing the appeal to proceed for further examination.

The State Of Uttar Pradesh vs Anil Kumar @ Badka · Niyam