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Brijesh Singh v. The State of Uttar Pradesh

Criminal Appeal · 2021 INSC 341Decided 20 Jul 2021
Criminal Appeal No. 646 of 2021
Dr. Justice D.Y. Chandrachud · Justice M.R. Shah

Background

A trial court had acquitted five accused persons of dowry-death-related charges (Sections 302/149, 304B and 498A IPC, and the Dowry Prohibition Act) in a 2014 judgment. The original informant, Brijesh Singh, sought the Allahabad High Court's leave to appeal against that acquittal, but a Division Bench rejected the leave application in a brief order simply stating the trial court's view was not "perverse or unreasonable." Singh then approached the Supreme Court by special leave.

Decision Breakdown

The Supreme Court held that a High Court deciding whether to grant leave to appeal against an acquittal must record at least brief reasons showing real application of mind to the evidence and findings: merely observing that the trial court took "a possible view" is not enough. Relying on its own precedents (including State of M.P. v. Giriraj Dubey and State of Orissa v. Dhaniram Luhar), the Court found the High Court's order fell short of this standard. It allowed the appeal, set aside the High Court's order refusing leave, and remitted the leave-to-appeal application back to the Allahabad High Court for fresh determination on its merits.

Lesson Learnt

A court asked to refuse permission to appeal against an acquittal cannot do so with a bare, conclusory order: it must show, even briefly, that it actually engaged with the evidence. A complainant denied leave through such an unreasoned order has a real route to the Supreme Court to get the question reconsidered properly.

Official source (sci.gov.in)View Judgment (PDF)

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