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TMI Blog2008 (8) TMI 538X X X X Extracts X X X X X X X X Extracts X X X X ..... f natural justice is spelling out reasons for the order made, in other words, a speaking out. The "inscrutable face of a sphinx" is ordinarily incongruous with a judicial or quasi-judicial performance. - 1354 of 2008 - - - Dated:- 27-8-2008 - Arijit Pasayat and Mukundakam Sharma, JJ Naresh K. Sharma, Adv. for the Appellant K. Sarada Devi, Adv. for the Respondent JUDGEMENT Arijit Pasayat, J: 1. Leave granted. 2. Challenge in this appeal is to the judgment of a learned Division Bench of the Himachal Pradesh High Court dismissing the application filed by the State in terms of Section 378(3) of the Code of Criminal Procedure, 1973 (in short the Code'). The application was dismissed summarily by simply stating "Dismissed". 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... carefully appraise the entire evidence and then come to a conclusion. If the trial Court was at lapse in this regard the High Court was obliged to undertake such an exercise by entertaining the appeal. The trial Court on the facts of this case did not perform its duties, as was enjoined on it by law. The High Court ought to have in such circumstances granted leave and thereafter as a first court of appeal, re-appreciated the entire evidence on the record independently and returned its findings objectively as regards guilt or otherwise of the accused. It has failed to do so. The questions involved were not trivial. The primary ground for acquittal seems to be that the alleged eye- witnesses did not support the prosecution case and, therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on'). 9. Even in respect of administrative orders Lord Denning M.R. in Breen v. Amalgamated Engineering Union (1971 (1) All E.R. 1148) observed "The giving of reasons is one of the fundamentals of good administration". In Alexander Machinery (Dudley) Ltd. v. Crabtree (1974 LCR 120) it was observed: "Failure to give reasons amounts to denial of justice". Reasons are live links between the mind of the decision taker to the controversy in question and the decision or conclusion arrived at". Reasons substitute subjectivity by objectivity. The emphasis on recording reasons is that if the decision reveals the "inscrutable face of the sphinx", it can, by its silence, render it virtually impossible for the Courts to perform their appellate functi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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