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Kaushalya Devi vs The State Of Punjab on 19 March, 2018

Bench: S.A. Bobde, L. Nageswara Rao

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                                             IN THE SUPREME COURT OF INDIA

                                            CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL APPEAL NO.411 OF 2018
                                  (Arising out of SLP(Crl.) No.8997 of 2017)


                         KAUSHALYA DEVI                                       .....APPELLANT(S)

                                                VERSUS

                         STATE OF PUNJAB & ANR.                               ....RESPONDENT(S)




                                                         O R D E R

Leave granted.

We see no reason how the matter could have been disposed of in one line by the High Court, and that too by merely making the interim order dated 31.08.2017, absolute.

We need not remind the High Court that this has been held to be impermissible by this Court in several decisions.

We, therefore, set aside the impugned order passed by the High Court and remand the matter back to the High Court for fresh decision in accordance with law after hearing both the parties and by passing a reasoned order on merits.

The High Court is requested to dispose of the matter Digitally signed by SANJAY KUMAR Date: 2018.03.22 10:22:11 IST Reason: as expeditiously as possible preferably within a period of two months from the date on which a copy of this order is produced before it.

Till the final decision, the interim order dated 31.8.2017 passed by the High Court shall continue. Hence, the appeal is disposed of in the above terms.

....................J [S. A. BOBDE] ....................J [L. NAGESWARA RAO] New Delhi;

March 19, 2018.

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ITEM NO.50                  COURT NO.7                 SECTION II-B

                 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).8997/2017

(Arising out of impugned final judgment and order dated 29-09-2017 in CRR No.3063/2017 passed by the High Court Of Punjab & Haryana At Chandigarh) KAUSHALYA DEVI Petitioner(s) VERSUS STATE OF PUNJAB & ANR. Respondent(s) (With IA No.114870/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.114871/2017-EXEMPTION FROM FILING O.T. and IA No.19490/2018-EXEMPTION FROM FILING O.T.) Date : 19-03-2018 The matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr. Yadav Narender Singh, AOR For Respondent(s) Mr. Sidharth Luthra, Sr. Adv.

Mr. Gautam Khazanchi, Adv.

Mr. Udit Arora, Adv.

Mr. Irshad Ahmad, AOR Ms. Jaspreet Gogia, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is disposed of in terms of the signed order.

Pending interlocutory applications, if any, stand disposed of.

(SANJAY KUMAR-II) (INDU KUMARI POKHRIYAL) COURT MASTER (SH) ASST.REGISTRAR (Signed Order is placed on the file)