STATE OF UTTAR PRADESH Vs. HARIPAL SINGH

JUDGEMENT

(1.) Leave granted.

(2.) It appears that the appeal was preferred by the State of Uttar Pradesh against the order of acquittal dated 24/5/1989 passed by the Special Sessions Judge, Pilibhit in Case No. 153 of 1986. The said sessions case was filed against the respondent-accused under Section 302 read with S. 307 and 34 Indian Penal Code. The leave application was dismissed summarily without indicating any reason and the consequential order of dismissal of appeal was also passed without indicating any reason. It is really unfortunate that theappeal was disposed of without giving any reason whatsoever. On 26/4/198888, against a similar order of dismissal in limine passed by the Allahabad high court in State of U. P. v. Jagdish Singh (an appeal) was moved before a this court and a three Judges' bench of this court deprecated such order disposing of the appeal without giving any reason. Unfortunately, a similar improper order has been passed in this case. To say the least, it is a sorry state of affairs. We, therefore, allow this appeal, set aside the order of dismissal of the appeal in limine and send the matter back to the High court with a direction to dispose of the matter within a period of four months from the date of receipt of this order.

(3.) The appeal is allowed accordingly.