TMI Blog2019 (5) TMI 1906X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar Sapre, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 28.03.2019 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 5293 of 2019 whereby the High Court dismissed the petition filed by the Appellant herein. 3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned senior Counsel for the Appellant and Ms. Hemlata Ranga, learned Counsel for the Respondent-State. 7. Having heard the learned Counsel for the parties and on perusal of the record of the case, we are inclined to allow this appeal, set aside the impugned order and remand the case to the High Court (Single Judge) for deciding the Appellant's petition afresh on merits in accordance with law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ussion and nor the reasoning on the submissions urged by the learned Counsel for the parties. 10. In our view, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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