IMPORTANT POINT
Need to assign reasons in orders/judgments.

Judgment :-

DipakMisra, J.

Leave granted.

2. Questioning the assailability and substantiality of the order dated 4.7.2012 passed by the Division Bench of the High Court of Judicature of Madhya Pradesh at Gwalior in M.Cr.C. No. 1835 of 2012 whereby the High Court has declined to grant leave to the State to prefer an appeal against the judgment of acquittal dated 2.12.2011 passed by the learned Sessions Judge, Bhind in Sessions Trial No. 193 of 2010, the present appeal by special leave has been preferred.

3. Shorn of unnecessary details, the facts which are requisite to be stated are that on the basis of an FIR lodged by the complainant, the investigating agency laid a charge-sheet before the competent court against the accused-respondent for the offences punishable under Sections 294 and 436 of the Indian Penal Code (for short “the IPC”). The learned Magistrate, on receipt of the charge-sheet, committed the matter to the Court of Session. The learned Sessions Judge, by his judgment dated 2.12.2011, acquitted the respondent herein of the charge on the foundation that there was no witness to the occurrence of the crime and further PW-2, the wife of the complainant, could not tell the exact abuses hurled at her by the accused respondent. In the application seeking leave to appeal, many a ground was urged challenging the judgment of acquittal. The Division Bench of the High Court, by the impugned order, referred to the trial court judgment and opined that the trial court, after appreciation of the evidence on record, has opined that the prosecution has failed to prove the offence against the respondent beyond reasonable doubt inasmuch as there was not adequate evidence to substantiate the charges against the respondent and, hence, there was no legality in the judgment of acquittal.

4. Mr. Samir Ali Khan, learned counsel for the State, has raised a singular contention that the High Court, while declining to grant leave to appeal, has really not ascribed any reason whatsoever and what has been stated in the impugned order does not remotely reflect any reason, for the High Court has only stated that the prosecution has failed to establish the offence against the respondent by adducing adequate evidence. It is urged by him that it is obligatory on the part of the High Court to give reasons while dismissing the application for leave.

5. To appreciate the aforesaid submission, we have bestowed our anxious consideration and carefully perused the order passed by the High Court. The High Court has only stated that the trial court, after appreciation of the evidence, had found that the prosecution had failed to establish the offence against the respondent and, hence, the judgment of acquittal did not suffer from infirmity. We are afraid that such an order cannot be said to be a reasoned order. On the contrary, such an order is, irrefragably, cryptic and clearly shows non-application of mind.

6. It needs no special emphasis to say that while dealing with an application for leave to appeal, it is obligatory on the part of the High Court to assign reasons. In State of Maharashtra v. Vithal Rao Pritirao Chawan [(1981) 4 SCC 129], this Court has observed as follows:-

“If we would have had the benefit of the view of the learned Judge of the High Court who refused to grant leave on the question as to how he came to the conclusion that the transfer of the charge by making necessary entry in the cash book of cash handed over to the accused does not constitute entrustment, we would certainly have been able to examine the correctness of the view.”

After so stating, the two-Judge Bench opined that it would be for the benefit of this Court that a speaking order is passed.

7. In State of Orissa v. Dhaniram Luhar [(2004) 5 SCC 568], this Court, while dealing with an order of refusal to grant leave by the High Court without ascribing any reason, expressed that when the High Court refuses to grant leave without giving any reasons, a close scrutiny of the order of acqu