JUDGMENT

SEN, J.:— The short question involved in this appeal by special leave from the judgment and order of the Madhya Pradesh High Court is, whether an application for leave to appeal under sub-section (3) of S. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code), without which no appeal under sub-sec. (1) or sub-sec. (2) thereof can be entertained, being an integral part of the appeal, must be laid before a Bench of two Judges of the High Court, under R. 1: (q) (ii), Chap. I, Part I, of the Madhya Pradesh High Court Rules, or can be heard and disposed of by a Single Judge of the High Court under R. 1 (q) of the Rules.

2. The material facts giving rise to the appeal are these. The State Government of Madhya Pradesh having decided to prefer an appeal under sub-sec. (1) of S. 378 of the Code, filed an application for leave to appeal under sub-sec. (3) thereof, setting out therein the grounds of appeal. According to the practice prevalent in the Madhya Pradesh High Court, the application was listed, before a Single Judge, as per Rule 1 (q), Chap. I, Part I of the Madhya Pradesh High Court Rules. The learned Single Judge refused to grant leave to appeal