2013 AIR SCW 1354 ::AIR 2013 SC (Criminal) 866 ::(2013) 1 CurCriR 604 ::2013 (15) SCC 257 ::(2013) 2 RecCriR 239 ::(2013) 54 OCR 1089 ::(2013) 2 JCR 4 (SC) ::AIR 2013 SC (Supp) 288 ::2013 (1) Crimes 282 SN

Supreme Court Of India

(From : Madhya Pradesh)

Hon'ble Judge(s): K. S. Radhakrishnan, Dipak Misra , JJ

Criminal P.C. (2 of 1974) , S.378(3)— Appeal against acquittal - Leave to file - Order refusing leave must be reasoned - Must indicate application of mind - Order that judgment of acquittal does not suffer from infirmity - Is cryptic - Does not show application of mind. M. Cr. C. No. 1835 of 2012, D/- 4-7-2012 (MP), Reversed. The High Courts, while declining to grant leave against the judgments of acquittal, ought to indicate reasons for formation of such opinion. It is the duty of every Court to bear in mind that when a crime is committed, though an individual is affected or, on some occasions, a group of individuals are victims of the crime, yet in essentiality, every crime is an offence against the collective as a whole. It creates a stir in the society. The degree may be different depending on the nature of the offence. That makes the duty of the High Courts to see that justice is done to the sufferer of the crime which, eventually, mitigates the cause of the collective and satisfies the cry of the society against the crime. It does not necessarily mean that all windows remain constantly open for all kinds of cases to be entertained in appeal, but, while closing the windows, there has to be proper delineation and application of mind so that none would be in a position to say that the order epitomizes 'the inscrutable face of the sphinx.' T....