1988 INSC 0239
                                           State (Delhi Administration)

                                                           Vs

                                                     Shiv Kumar

                                        Criminal Appeal No. 210 of 1988

                                            (A.P. Sen, L.M. Sharma JJ)

                                                      04.04.1988

                                                        ORDER

1. Special leave granted. Arguments heard.

2. We are inclined to the view that the High Court should not have, in the facts and circumstances of
the case, dismissed the application made by the appellant for leave to appeal under Section 378(3)
of the Code of Criminal Procedure, 1973 in limine. The order of acquittal recorded by the learned
Additional Sessions Judge, Delhi leaves much to be desired. The High Court must therefore
examine for itself whether the order of acquittal of the respondent can at all be sustained.

3. The appeal accordingly succeeds and is allowed. The order passed by the High Court is set aside.
The application made by the appellant under Section 378(3) of the Code of Criminal Procedure is
allowed and we direct the High Court to entertain the appeal preferred is allowed and we direct the
High Court to entertain the appeal preferred by the appellant against the order of acquittal and
decide the same on merits.

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