STATE OF RAJASTHAN v. CHANDA@ CHANDKORI AND ORS

Citation: [2007] 10 S.C.R. 290

Court: Supreme Court of India

Bench: A.K. MATHUR, MARKANDEY KATJU

Case summary

STATE OF RAJASTHAN v. CHANDA@ CHANDKORI AND ORS.pdf

Judgment text

STATE OF RAJASTHAN ·.? v. . CHANDA@ CHANDKORI AND ORS SEPTEMBER 24, 2007 [A. K. MATHUR AND MARKANDEY KATJU, JJ. ] Code a/Criminal Procedure, 1973: -'(- Appiication/or leave to appeal against acquittal-Rejected by High Court by a cryptic order-Held: While. disposing ofan application for leave to appeal against an acquittal, it is expected that High Court shouldpass a speaking order showing due application ofmind-Since that has not been done in the instant case, order ofHigh Court is set aside and the matter remitted back to it for passing an order after showing due application ofmind Delay-Condonation of-260 days delay infiling Special Leave Petition by Government-Held: Ordinarily Court wouldnot condone such a long delay-Such kind ofdelay causes grave injustice to the parties-However, in the peculiarfacts and circumstances ofthe case, delay condoned-Constitution ofIndia-Article 136. CRIMINAL APPELLATE JURISDICTION :Criminal Appeal No. 1293of2007. ..

j From the Judgment and Order dated 14. 07. 2005 ofthe High Court ofJudicature for Rajasthan at Jaipur Bench in. D. B. Criminal Leave to Appeal No. 165of2005. Manish Kumar and Ansar Ahmad Chaudhary for the Appellant. B. S. Jain, Ajay Veer Singh, Mamta Jain, Neha Tiwari and Dr. Vipin Gupta for the Respondents. )--- The following Order ofthe Court was delivered: STATEOFRAJASTHANv. CHANDA@CHANDKORI 291 We have heard learned counsels for the parties. Delay condoned. Leave granted. This appeal is barred by time by 260 days. Ordinarily we may not have condoned such a long delay, and we do not appreciate the delays caused in filing Special Leave Petitions by the Government before this Court. Such kind ofdelay causes grave injustice to the parties. However, in the peculiar facts and circumstances ofthe case, we condone the delay. This appeal is directed against the judgment and order dated 14th July 2005 passed by the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur in D. B.

Criminal Leave to appeal No. 165 of2005 whereby the Division Bench ofthe High Court had passed a cryptic order dismissing the application for leave to appeal against as acquittaljudgment without giving proper reasons and without showing due application ofmind. While disposing ofan application for leave to appeal against an acquittal, it is expected that the High Court should pass a speaking order showing due application of mind. OfCourse the said order need not be as elaborate as a full fledged judgment, but at least briefly some reasons should be given. That has not been done in this case. Hence we cannot sustain the impugned order dated 14th July 2005 passed by the High Court. We set aside the order ofthe High Court and remit the matter back to the High Court for passing an order after showing due application ofmind. The appeal is accordingly, allowed. RP. Appeal allowed.