TMI Blog2004 (4) TMI 641X X X X Extracts X X X X X X X X Extracts X X X X ..... ant leave and consequently rejected the appeal : Heard learned Public Prosecutor. Perused the judgment impugned and the record available with learned Public Prosecutor. I do not find any error in the judgment impugned. No case for grant of leave is made out. Accordingly, this leave to appeal is hereby rejected. 2. Mr. Sushil Kumar Jain, learned counsel appearing for the respondents strenuously contended, despite the earlier Judgments of this Court which have unmistakably indicated that in cases where leave to appeal is refused reasons have to be assigned in support of the order that there is considerable difference between the appeal provided for against convictions under Section 374 of the Code of Criminal Proc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as while reiterating the view expressed in the earlier cases for the past two decades emphasized the necessity, duty and obligation of the High Court to record reasons in disposing of such cases. The hall mark of a judgment/order and exercise of judicial power by a judicial forum is to disclose the reasons for its decision and giving of reasons has been always insisted upon as one of the fundamentals of sound administration justice delivery system, to make known that there had been proper and due application of mind to the issue before the Court and also as an essential requisite of principles of natural justice. The fact that the entertaining of an appeal at the instance of the State against an order of acquittal for an effective considera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny error), with no further on the face of it, indication of any application of mind whatsoever. All the more so when the orders of the High Court are amenable for further challenge before this Court. Such ritualistic observations and summary disposal which has the effect of, at times, and as in this case, foreclosing statutory right of appeal, though a regulated one cannot be said to be a proper and judicial manner disposing of judiciously the claim before courts. The giving of reasons for a decision is an essential attribute of judicial and judicious disposal of a matter before courts, and which is the only indication to know about the manner and quality of exercise undertaken, as also the fact that the court concerned had really ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be exercised while dealing with an application for leave to appeal under Section 378 Cr.P.C. has no meaning and is illogical. First of all, the High Court is not the final court in the hierarchy and its orders are amenable to challenge before this court, unlike the obvious position that there is no scope for any further appeal from the order made declining to grant special leave to appeal. It has been on more than one occasion reiterated that Article 136 of the Constitution does not confer any right of appeal in favour of any party as such and it is not that any and every error is envisaged to be corrected in exercising powers under Article 136 of the Constitution of India. The powers of this Court under Article 136 of the Constitution a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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