JOHNSON T T Vs. C JAYASANKAR

JUDGEMENT

(1.) THIS case has come up for consideration before us on a reference made by a learned Single Judge who doubted the correctness of the decision in Raveendran v. State of Kerala and Others, 2008 (3) KLT 6501.

(2.) IN Raveendran (supra) a learned Single Judge of this Court held that all Special Leave Petitions filed under Section 378(4) of the Code of Criminal Procedure "must be accompanied by the appeal which is proposed to be filed against the impugned judgment of acquittal. The grounds of appeal must be stated clearly in such proposed appeal and the application for leave can incorporate the contentions by reference and it is not essential or necessary that such grounds must be repeated in the application for leave".

(3.) SECTION 378 of the Code of Criminal Procedure deals with appeals in case of acquittal. Sub-sections (4) and (5) of SECTION 378 which are relevant for our purpose read thus: