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The High Court of Judicature of Hyderabad For the State of Telangana and the State of Andhra Pradesh v. Mahabunisa Begum & Ors.

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 [(1999) 7 SCC 467] and Dhariwal Industries Ltd. v. Kishore Wadhwani [(2016) 10 SCC 378].

(J. Chelameswar and Sanjay Kishan Kaul, JJ.)

The High Court of Judicature of Hyderabad For the State of Telangana and the State of Andhra Pradesh _______________________ Petitioner

v.

Mahabunisa Begum & Ors. _____________________ Respondent(s)

Petition(s) for Special Leave to Appeal (Crl.) No(s). 2240/2018, decided on May 14, 2018

The Order of the court was delivered by

Order

1. 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 [(1999) 7 SCC 467] and Dhariwal Industries Ltd. v. Kishore Wadhwani [(2016) 10 SCC 378].

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

3. The special leave petition is disposed of.

4. Pending applications, if any, stand disposed of.

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