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[Cites 3, Cited by 6]

Supreme Court - Daily Orders

The High Court Of Judicature Of ... vs Mahabunisa Begum on 14 May, 2018

Bench: J. Chelameswar, Sanjay Kishan Kaul

                                                                                             1

       ITEM NO.49                              COURT NO.2                  SECTION II

                                     S U P R E M E C O U R T O F       I N D I A
                                             RECORD OF PROCEEDINGS

       Petition(s) for Special Leave to Appeal (Crl.) No(s).2240/2018
       (Arising out of impugned final judgment and order dated 25-10-2017
       in CRLP No. 7108/2017 passed by the High Court of Judicature at
       Hyderabad for the State of Telangana and the State of Andhra
       Pradesh)

       THE HIGH COURT OF JUDICATURE OF
       HYDERABAD FOR THE STATE OF TELANGANA
       AND THE STATE OF ANDHRA PRADESH                                    PETITIONER(S)

                                                       VERSUS

       MAHABUNISA BEGUM & ORS.                                            RESPONDENT(S)

       Date : 14-05-2018 This petition was called on for hearing today.

       CORAM :
                            HON'BLE MR. JUSTICE J. CHELAMESWAR
                            HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

       For Petitioner(s)
                                         Ms.Anitha Shenoy, AOR
                                         Ms.Srishti Agnihotri, Adv.
                                         Ms.Remya Raj, Adv.

       For Respondent(s)
                                         Mr.Aman Lekhi, ASG
                                         Ms.Suhasini Sen, Adv.

                                         Mr.Md.Irshad Hanif, Adv.
                                         Mr.Rizwan Ahmad Durrani, Adv.
                                         Mr.Arif Ali Khan, Adv.
                                         Mr.Mujahid Ahmad, Adv.

                                         Mr.S.Udaya Kumar Sagar, AOR
                                         Mr.Mrityunjai Singh, Adv.

Signature Not Verified
                             UPON hearing the counsel the Court made the following
Digitally signed by
SUSHIL KUMAR
                                                O R D E R

RAKHEJA Date: 2018.05.19 11:01:08 IST Learned counsel appearing for both the parties in Reason:

the matter submit that the impugned order cannot be 2 sustained in view of the scheme provided in the proviso to Section 24(8) of the Cr.PC and in light of the decision of this Court in Shiv Kumar v. Hukam Chand & Anr. [(1999) 7 SCC 467] and Dhariwal Industries Ltd. vs. Kishore Wadhwani & Ors. [(2016) 10 SCC 378].

The impugned judgment is accordingly set aside in light of the aforementioned decisions.

The special leave petition is disposed of.

Pending applications, if any, stand disposed of.




      (Ashok Raj Singh)                  (Rajinder Kaur)
       Court Master                        Court Master