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2019 (5) TMI 1906 - SC - Indian LawsMaintainability of petition - offences punishable Under Sections 302, 325, 326, 331, 352 read with Section 34 of the Indian Penal Code, 1860 - whether the High Court was right in dismissing the Appellant's petition? - HELD THAT:- In the entire impugned order, which consists of 13 paras, it is found that the High Court did not assign any reason as to why the petition is liable to be dismissed. In other words, neither there is any discussion and nor the reasoning on the submissions urged by the learned Counsel for the parties - such approach of the High Court while disposing of the petition cannot be countenanced. Time and again, this Court has emphasized the necessity of giving reasons in support of the conclusion because it is the reason, which indicates the application of mind. It is, therefore, obligatory for the Court to assign the reasons as to why the petition is allowed or rejected, as the case may be. The matter is remanded to the High Court for deciding the petition, out of which this appeal arises, afresh on merits in accordance with law - appeal allowed by way of remand.
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