Wednesday, 23 May 2018

Whether Independent Prosecution By De Facto Complainant is Permissible In Sessions Case?

Learned counsel appearing for both the parties in
the matter submit that the impugned order cannot be
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.

 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

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




 UPON hearing the counsel the Court made the following
 O R D E R
Learned counsel appearing for both the parties in
the matter submit that the impugned order cannot be
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.

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