TMI Blog2004 (2) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... rt 'the Code'). Following is the order passed on 1.2.1996: Leave to appeal is refused. The State sought leave to appeal against the order passed by learned S.D.J.M., Nuapada, holding that the respondent Dhaniram Luhar (hereinafter referred to as 'the accused') was not guilty of offences punishable under Section 27(1)(a) of the Orissa Forest Act, 1972 (in short 'the Act'). Stand of the prosecution was that the respondent- accused had encroached about 5 acres of land for the purpose of cultivation in the Patidanger reserved forest. The official witnesses had deposed that the respondent-accused had encroached the land inside the aforesaid reserved forest within Sunabeda Wild Life Sanctuary and also produced s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt is indefensible. Section 378 of the Code deals with the power of the High Court to grant leave in case of acquittal. Sub-sections (1) and (3) of Section 378 read as follows: 378(1) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-section (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court or an order of acquittal passed by the Court of Session in revision. (3) No appeal under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court . The trial Court was required to carefully appraise the entire evi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xpressed in State of U.P. v. Battan and Ors (2001 (10) SCC 607). About two decades back in State of Maharashtra v. Vithal Rao Pritirao Chawan (AIR 1982 SC 1215) the desirability of a speaking order while dealing with an application for grant of leave was highlighted. The requirement of indicating reasons in such cases has been judicially recognized as imperative. The view was re-iterated in Jawahar Lal Singh v. Naresh Singh and Ors. (1987 (2) SCC 222). Judicial discipline to abide by declaration of law by this Court, cannot be forsaken, under any pretext by any authority or Court, be it even the highest Court in a State, oblivious to Article 141 of the Constitution of India, 1950 (in short the 'Constitution'). Reason is the heart ..... X X X X Extracts X X X X X X X X Extracts X X X X
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