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2008 Supreme(SC) 1070

ARIJIT PASAYAT, P.SATHASIVAM
STATE OF HIMACHAL PRADESH – Appellant
Versus
SHISH RAM – Respondent


ARIJIT PASAYAT, J.

( 1 ) LEAVE granted.

( 2 ) CHALLENGE in this appeal is to the judgment of the division Bench of the Himachal Pradesh High Court dismissing the application filed by the appellant-State for grant of leave to file appeal against the judgment of acquittal passed by the Trial Court i. e. learned Additional Chief Judicial magistrate, Kandaghat, Camp at Solan, H. P. in Criminal case no. 133/2 of 02/95. Respondent faced trial for alleged commission of offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code, 1860 (in short the 'ipc' ).

( 3 ) THOUGH various points were urged in support of the appeal, the primary stand was that by non-reasoned order the application was disposed of.

( 4 ) THERE is no appearance on behalf of respondent in spite of the service of notice.

( 5 ) THE order which is impugned in the present appeal reads as follows: "be registered. Heard. Dismissed. "

( 6 ) REASONS introduce clarity in an order. On plainest consideration of justice, the High Court ought to have set forth its reasons, howsoever brief, in its order indicative of an application of its mind, all the more when its order is amenable to further avenue of challenge.





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