State Of Uttar Pradesh vs Jagdish Singh And Ors. on 26 April, 1988
“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 Sections 307 and 34 IPC. 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 the
appeal was disposed of without giving any reason whatsoever. On 26-
4-1988, against a similar order of dismissal in limine passed by
the Allahabad High Court in State of U.P. v. Jagdish Singh1 (an
appeal) was moved before 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.”