Supreme Court of India
Manoj Rameshlal Chhabriya v. Mahesh Prakash Ahuja & Anr.
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What the Court ordered
We are of the view that at the stage of considering grant of leave under sub-section (3) of Section 378 of the Cr.P.C., a prima facie case should be looked into by the High Court, of course, not ignoring the materials on record.
Judgment, page 11
From the headnote
Issue for Consideration What are the parameters that a High Court should keep in mind while granting or refusing a leave to appeal filed under Section 378(3) of the Cr.P. . Headnotes† Criminal Law – Section 378(3) of Code of Criminal Procedure, 1973 – Leave to appeal against acquittal order: Held: High Court should primarily see whether prima facie case is made out based on the materials on record while considering application for grant of leave under sub-section (3) of Section 378 of the Cr.P. and thereafter should adjudicate the appeal on merits. [Paras 12-13] High Court to apply judicial
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