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Section 482 CrPC: HC Is Under Obligation To Assign Reasons As To Why A Petition Is Allowed Or Rejected: SC [Read Judgment]

By LawStreet News Network      20 May, 2019 12:00 AM      0 Comments
Section 482 CrPC: HC Is Under Obligation To Assign Reasons As To Why A Petition Is Allowed Or Rejected: SC [Read Judgment]

The Supreme Court on May 10, 2019, in the case of Jitender Kumar @ Jitender Singh v. State of Bihar has reiterated that High Courts are under an obligation to assign the reasons as to why a petition filed under Section 482 of Criminal Procedure Code, 1973, is allowed or rejected.

A Bench comprising of Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari was hearing an appeal filed against the judgment passed by the Patna High Court in which the High Court had dismissed a petition seeking to quash the summons issued to the accused in a murder case.

The question raised for consideration in this appeal was whether the High Court right in dismissing the appellant's petition.

On perusal of the impugned order of the Patna High Court, the apex court observed that the High Court failed to assign any reason as to why the petition is liable to be dismissed. Moreover, neither there is any discussion and nor the reasoning on the submissions urged by the counsel.

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 for the Court to assign the reasons as to why the petition is allowed or rejected, as the case may be, the court said.

Accordingly, the court allowed the appeal and set aside the impugned order. The court remanded the case to the High Court for deciding the appellant's petition afresh on merits in accordance with law.

[Read Judgment]



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