Order

The above appeal has been filed by the State of Rajasthan against the order of a learned Single Judge of the Rajasthan High Court dated 31.5.2001 in S.B. Crl. A. No. 88 of 2001 whereunder the learned Judge in the High Court has passed the following order while refusing to grant leave and consequently rejected the appeal :

“Heard learned Public Prosecutor.

Perused the judgment impugned and the record available with learned Public Prosecutor. I do not find any error in the judgment impugned. No case for grant of leave is made out. Accordingly, this leave to appeal is hereby rejected.”

2. Mr. Sushil Kumar Jain, learned counsel appearing for the respondents strenuously contended, despite the earlier Judgments of this Court which have unmistakably indicated that in cases where leave to appeal is refused reasons have to be assigned in support of the order that there is considerable difference between the appeal provided for against convictions under Section 374 of the Code of Criminal Procedure (for short “the Cr.P.C.”) and an appeal provided for under Section 378, Cr.P.C. Against orders of acquittal and the inherent differences in the manner of availing of such avenue of appeals p