The Supreme Court recently provided crucial clarity on the role of High Courts when deciding applications for leave to appeal under Section 378(3) of the Criminal Procedure Code (CrPC). The Court emphasized that High Courts should not deny leave to appeal based solely on whether the acquittal is likely to be overturned. Instead, they must assess whether a prima facie case exists or if arguable points have been raised.

Background of the Case:

The case in question, Manoj Rameshlal Chhabriya vs Mahesh Prakash Ahuja & Anr., involved an appeal filed by the informant (the brother of the deceased) against the Bombay High Court's decision to reject the State's application for leave to appeal. The trial court had acquitted the accused, and the High Court declined to grant leave, stating that the trial court's view was a "possible view" and not liable to be interfered with.

The Supreme Court, however, found the High Court's approach untenable. The bench, comprising Justices JB Pardiwala and R Mahadevan, clarified that the High Court should have focused on whether a prima facie case or arguable points existed, rather than predicting whether the acquittal would be reversed.

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Key Observations by the Supreme Court:

The Court relied on the precedent set in State of Maharashtra v. Sujay Mangesh Poyarekar (2008), where it was held that:

"In deciding whether requisite leave should or should not be granted, the High Court must apply its mind, consider whether a prima facie case has been made out or arguable points have been raised, and not whether the order of acquittal would or would not be set aside."

The Supreme Court reiterated that the High Court's role at this stage is not to delve into the minutiae of the evidence but to determine if there are sufficient grounds to re-examine the case. The Court emphasized that even if the trial court's view is a "possible view," the High Court should grant leave if there are arguable points or a prima facie case.

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The Supreme Court highlighted the importance of ensuring a fair trial, especially in serious offenses like murder. The Court noted that the case hinged on circumstantial evidence, and one of the key witnesses, the deceased's 15-year-old son, had turned hostile. Despite this, the Court believed that the High Court should have granted leave to allow a thorough re-examination of the evidence.

"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," the Court observed.

The Supreme Court granted leave to appeal and remitted the matter back to the High Court for consideration on its own merits. The Court clarified that the High Court should decide the appeal without being influenced by any observations made by the Supreme Court in this order.

"Without saying anything further as any further observations may cause prejudice to either side, we grant leave to appeal and remit the matter to the High Court for consideration of the criminal appeal on its own merits, in accordance with law. The criminal appeal shall now be registered accordingly," the Court held.

The Court also permitted the appellant (the original informant) to file an appeal under the proviso to Section 372 of the CrPC, if he so desired. If such an appeal is filed, it should be clubbed with the State's appeal, and both should be heard together.

Case Title: MANOJ RAMESHLAL CHHABRIYA VERSUS MAHESH PRAKASH AHUJA & ANR.