JOHNSON Vs. SEBASTIAN

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 Ors., 2008 3 KerLT 650.

(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.) The learned Judge directed the Registry that henceforth viz., starting from September 1, 2008 grant of leave by the court "shall be reckoned as equivalent to admission of appeal if filed, and if such appeal is otherwise proper". Registry was further directed to assign a number to such appeals and issue notice to the respondents and to call for the records without posting such appeal for admission before the Bench "unless there be defects which need be considered by the Court".