Kilari Esther Rani vs. The State Of Andhra Pradesh State Of Andhra Pradesh And Ors Sho Iii
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Order Issued After Hearing
Purpose:
FRESH
Before:
Hon'ble Hon'Ble The Chief Justice, Hon'ble L. Nageswara Rao
Stage:
FRESH (FOR ADMISSION) - CRIMINAL CASES
Remarks:
Leave Granted / Rule NISI / Appeal Admitted, Other [DISPOSED OF]
Listed On:
8 Apr 2017
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
39442/2017,
Original Order Copy
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Order Text
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATEJURISDICTION
CRIMINAL APPEAL NO. 1349 OF 2017 (Arising out of SLP(Crl.) No.5788/2017 (D.No. 12495/2017)
KILARI ESTHER RANI APPELLANT(S)
VERSUS
THE STATE OF ANDHRA PRADESH & ORS. RESPONDENT(S)
O R D E R
1. Leave granted.
2. Heard learned counsel for the parties.
3. We find that the High Court was not justified in upholding the order of the Sub-Divisional Magistrate, Visakhapatnam dated 12.08.2015. By that order the Sub-divisional Magistrate, Visakhapatnam had directed the District Registrar to renew the societies(sic) in favour of the original and present members.
4. We are of the view that the powers under Section 145 Cr.P.C. could not have been invoked by a party for obtaining any order and directions in respect of the
1
management or the constitution of the Society.
5. We, accordingly, set aside the order of the High Court. The parties are at liberty to avail of such remedies as may be available to them in law in respect of any dispute pertaining to management of the society.
6. The appeal is disposed of accordingly.
..................J. [ S.A. BOBDE ]
...................J. [ L. NAGESWARA RAO ]
NEW DELHI, AUGUST 04, 2017. ITEM NO.35 COURT NO.7 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).../2017 Diary No(s). 12495/2017
(Arising out of impugned final judgment and order dated 21-11-2016 in CRLRC No. 2381/2015 passed by the High Court Of Judicature At Hyderabad For The State Of Telangana And The State Of Andhra Pradesh)
KILARI ESTHER RANI Petitioner(s)
VERSUS
THE STATE OF ANDHRA PRADESH & ORS. Respondent(s) (With appln. for condonation of delay in filing SLP)
Date : 04-08-2017 This 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. Subramanium Prasad, Sr. Adv. Mr. Jaspreet Singh Rai, Adv. Mr. Rohit Nagpal, Adv. Mr. Harpuneet Singh Rai, Adv. Mr. Shyamal Kumar, AOR
For Respondent(s) Dr. Surat Singh, Adv. Mr. Brajesh Kumar Singh, Adv. Mr. P Prabhakar, Adv. Mr. Venkateswara Rao Anumolu, AOR
UPON hearing the counsel the Court made the following O R D E R
Delay condoned.
Leave granted.
The appeal is disposed of in terms of the signed order.
[ Charanjeet Kaur ] [ Indu Kumari Pokhriyal ] A.R.-cum-P.S. Branch Officer
[ Signed order is placed on the file ]