SUO MOTU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEARNED Single Judge, while hearing Criminal Appeal No. 168 of 2007, has raised and referred the following question, giving rise to the present Reference :-"whether in view of the amendment made in sub-section (1) of Section 378 of the Code of Criminal Procedure, 1973, specially in view of clause (a) of sub-section (1) of Section 378, appeals against acquittal recorded by a Magistrate pending consideration, after grant of leave, can be heard and decided by the High Court or are required to be sent back to the Sessions Court for their disposal in accordance with law and whether application for grant of leave wherein leave to file appeal is yet not granted or criminal appeals wherein leave under Section 378 (3) has not been granted, would continue to be heard by this Court or such matters are required to be sent to the Sessions Court and in all such cases, whether leave to file appeal would not be required in view of language of Section 378 (1) (a)?

(2.) THUS, in this question, there are three questions that are required to be addressed to by this Court :-

(3.) SINCE the question was of a vital importance, it was deemed proper to invite Advocates' views and, accordingly, following Advocates made their submissions :- (1) Mr. Kamal Trivedi, Advocate General. (2) Mr. K. J. Shethna, Senior Advocate. (3) Mr. A. D. Shah. (4) Mr. B. B. Naik. (5) Mrs. Ami Yagnik. (6) Mr. J. B. Pardiwala.