Supreme Court · 2016 INSC 429 · Decided 17 May 2016
State of Rajasthan v. Firoz Khan @ Arif Khan
- Court
- Supreme Court of India
- Citation
- 2016 INSC 429 · [2016] 2 S.C.R. 694
- Case number
- CRIMINAL APPEAL No. 750/2006
- Decided
- 17 May 2016
- Bench
- ABHAY MANOHAR SAPRE, ASHOK BHUSHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302; CrPC Section 378(3)
Headnote
Code of Criminal Procedure, 1973: s. 378(3) - Parameters to be kept in mind by the High Court while deciding application for C grant of Leave to appeal made u/s.378 (3) - Discussed - Jn the instant case, respondent was prosecuted for commission of offence of murder of 11 years old girl - Trial him benefit of doubt- State's application u/s.378(3) for grant of leave declined by High Court without giving reasons - Held: It was a clear case of non-application of mind - Matter remanded to D High Court for reconsideration - Penal Code, 1860 - s.302. Allowing the appeal and remitting the
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