✦ High Court of India · 22 Feb 2025

B. Subash v. 1. The State of Telangana

Case Details High Court of India · 22 Feb 2025
Court
High Court of India
Decided
22 Feb 2025
Length
1,268 words

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleasedtoissueaWrit,orderordirectionmoreparticularlyoneinthenatureof writ of Mandamus or other writ or order directing the learned Principal District and SessionsJudge,RangaReddyDistrictatLBnagar'inrespectofadministrative inaction to act upon the representation dated 2411t2025 of Petitioneis counsel, as wellasnon-adherenceofauthoritativecitationsofHonorableSupremecourtof lndiabytheStationHouseOfficer,saroornagar,learnedtrialcourtofPrincipal JuniorCivilJudge-cum-XVAddl.MetropolitanMagistrate'RangaReddyDistrictat lbrahimpatnam in the charge sheets pending in CC No 847 ol 2023 ' CC No.849/2023andconsequentlydirectthelearnedPrincipalDistrictandSessions Judge,RangaReddyDistrictatL.BNagartodisposetherepresentationdated24- 1-2025 of Petitioner's counsel procedure. strictly following the fair, just and reasonable lA NO: I OF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the station House officer, saroornagar, rearned principar Junior civir Judge-cum- xv Addl. lvetroporitan Magistrate, Ranga Reddy District at rbrahimpatnam, to strictly follow the raw raid down by Hon'bre supreme court of rndia in foilowing authoritative citations i) Hon'bre Supreme court of rndia in case of B.N. John vs The state of Uttar pradesh on 2 January, 2o2s ii) Hon'bre supreme court of rndia in cRIMINAL APPEAL No oF 2025 (Arising out of Speciar Leave petition (crr.) No 1093 ot 2021) NARESH ANEJA @ NARESH KUMAR ANEJA APPELLANT(S) VERSUS STATE OF UTrAR PRADESH & ANR. RESpONDENT(S) iii) cRtMtNAL AppEAL NO. OF 2024 (AR|S|NG OUT OF SPECI LEAVE pETtTtON (CRL.) NO. 1074 OF 2017) SHARTF AHMED AND ANOTHER versus STATE OF UTTAR PRADESH AND ANOTHER iv) Hon'bre Supreme court of rndia in cRTMTNAL APPEAL NO. 163 of 2O1O DARSHAN STNGH versus STATE OF pUNJAB v) Hon'ble supreme court of India in case of ANEES...APPELLANT VERSUS THE STATE GOW. OF NCT ...RESPONDENT in CC No. 847 of 2023, CC No. 849 of 2023 wilh true letter and spirit in the right of Articre 141 , 144 of constitution of lndia pending disposal of this Writ petition. lA NO: 2 OF 2025 Petition under Section 'r 51 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be p{eased to pass order directing to rectify the rerevant portion i.e. "Making a request for recording the evidence in the ranguage known to the petitioner in accordance with raw raid down by the Hon'bre Supreme court in Naim Ahamed v. state (NCT of Derhi) (criminar Appear No.257 0f 2023 [arising out of slp (crr.) No.8586 0f 2017] decided on 30.01 .2023" with "making a request for foilowing the authoritative raw laid down by Hon'bre supreme court of rndia in B.N. John vs The state of uttar Pradesh on 2 January, 2o2s ii) cRTMTNAL AppEAL No oF 2025 (Arising out of speciar Leave petition (crr.) No. 1093 0f 2021) NARESH ANEJA @ NARESH KUMAR ANEJA APPELLANT(S) VERSUS STATE OF UTTAR PRADESH & ANR. RESPONDENT(S) iii) CRIMINAL APPEAL NO. OF 2024 (ARISING OUT OF SPECIAL LEAVE PE llllON (CRL.) NO. 1074 OF 2017) SHARIF AHMED AND ANOTHER versus STATE OF UTTAR PRADESH AND ANOTHER lv) CRIMINAL APPEAL No. ,163. of 2010 DARSHAN SINGH versus STATE, oF PUINUA ANEES ...APPELLANT VERSUS THE STATE GOW. OF NCT ...RESPONDENT in CC No. 847 of 2023, CC No. 849 of 2023 with true letter and spirit in the light of Article 141 , 144 of Constitution of lndia, in CC No. 847 of 2023 and 849 ol 2023", On such application/memo filed by the petitiondr, appropriate orders shall be passed by the learned Magistrate". Counsel for the Petitioner: SRI B.SUBASH FOR M/s. BONALA SARAMMA Counsel for the Respondents: SRI M.SRINIVAS, AGP FOR HOME The Court made the following: ORDER I ,/ HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY r- I.A.No.2 of 2025 IN/AND WRIT PETITION No.2574 of 2O25 (ON BEING MENTIONED) COMMON ORDER: (ORAL) I.A. No.2 of 2025: Heard Mr. B. Subash, leamed counsel, representing Ms' B Saramma, leamed counsel for the petitioner; Mr. M. Srinivas, learnecl Assistant Govemment Pleader lor l{ome, and perused the material on record'

2. Learned counsel for the petitioner submitted that the petitioner has sought for a direction of the leamed Principal Junior civil Judge-cum-XV Additional Metropolitan Magistrate, Ranga Reddy District, lbrahimpatnam (for short 'trial Court') to consider the judgments of the Hon'ble Supreme Courl in: D "B.N. John r'. the State of Uttar Pradesh ii) Criminal appeal No.l of 2025 (Arising out of Special Leave Petition (Crt.) No.1093 of 2021) Naresh Aneja @ Naresh Kumar Aneja v. State of Uttar Pradesh and another iii) Criminal appeal No.2357 of 2024 (Arising ou1 of Special Leave Petition (Crt.) No.1074 of 2Ol7) Sharif Ahmecl and another v. State of Uttar Pradesh and another iv) Criminat appeal No.163 of 2010, Darshan Singh v. State of Punjab v) Anees v. The State Government of NCT" 2 ':::,

3.Leamedcounselfurthersubmittedthatintheorderdated29.0l.2025 passed by this Court, inadvertently, instead of the above said judgments' it was wrongly mentioned as "Naim Ahamed v' State (NCT of Delhi) (Criminal Appeal No.257 of 2023) [arising out of Special Leave Petition (Crl.) No.8586 of 20171" .

4. In view of the above and as innocuous relief is sought for by the petitioner, this application is allowed with the following direction: "The petitioner is given liberty to file application / memo before the leamed Principal Junior Civil Judge cum XV Additional Metropolitan Magistrate, Ranga Reddy District, Ibrahimpatnam' making a request for recording evidence in the language known to the petitioner in accordance with the law laid down by the Hon'ble Supreme Court in: i) B.N. John v. the State of Uttar Pradesh ii) Criminal appeal No.l of 2025 (Arising out of Special Leave Petition 1i.i.; N".tos3 of 2021) Naresh Aneia @ Naresh Kumar Aneja v. State of Uttar Pradesh and another iii) Criminal appeal No'235 7 of 2024 (Arising out of Special Leave Petition 1C.1.1 No.toz4 of 2017) Sharif Ahmed and another v. State of Uttar Pradesh and another iv) Criminal appeal No'163 of 2010' Darshan Singh v' State of Punj ab v) Anees v. The State Government of NCT' // j l I i I . I 3 On such applicatioilmemo being filed by the petitioner, appropriate t, // / orders shall be passed by the trial Court." W.P.No.2574 of 2025: Considering that the relief sought in I.A. No.2 of 2025 and in this writ petition is one and the same, this writ petition is disposed of terms of the above order As a sequel thereto, miscellaneous applications,, if any, pending in this writ petition, stand closed. There shall be no order as to costs. AS //TRUE COPY// SD/.V. KAVITHA GISTRAR S\S\ANT RE \\\-_ [/ d.c,o* OFFICER The Principal Secretary, Home Department, Hyderabad, State of Telangana, The Station House Officer, Saroornagar Police Station Rachakonda Commissionerate - 500 060 One CC to [t//s. BONALA SARAMMA, Advocate IOPUCI Two CCs to GP FOR HOME, High Court forthe State of Telangana, at Hyderabad. [OUT] Two CD Copies o 1 2 3 4 A PSK. BS@) J I I I I I : HIGH COURT DATED:20 t02t202i CC TODAY COMMON ORDER lA.No.2 OF 2025 IN/AND WP.No.2S74 of ZO2S F' ;'r- TEi (- s I l {so ,1 .t_ !.:'l1q,u :! ...;::;:;" DISPOSING OF THE IA & WRIT PETITION WITHOUT COSTS

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