Allahabad High Court
UMA SHANKER and OTHERSversusSTATE OF U.P.and ANOTHER
- Decided
- Disposal
- Dismiss other than merit(DD/Non Prosec./Abated)
- Bench
- SANJIV KUMAR
Holding
The stay of proceedings was dismissed and the application under Section 482 was rejected for want of prosecution.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking a stay of the proceedings in a case pending since 2009. The High Court had earlier stayed the lower court proceedings, but no counsel appeared to press the application. The Supreme Court, in Asian Resurfacing of Road Agency Pvt. Ltd. v. CBI (AIR 2018 SC 2039), held that any stay in pending cases lapses after six months unless extended by a speaking order. Applying this precedent, the High Court found no justification to continue the stay and dismissed the application for want of prosecution. Consequently, any interim order was vacated and the lower court was directed to be informed of the dismissal.
Issues considered
- Whether the stay of proceedings granted earlier under Section 482 should continue beyond six months.
- Whether the Supreme Court's directive in Asian Resurfacing of Road Agency Pvt. Ltd. v. CBI applies to the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure Code
- Section 482
- stay of proceedings
- Supreme Court precedent
- application dismissed
Judgment
Court No. - 69 Case :- APPLICATION U/S 482 No. - 2984 of 2009 Applicant :- Uma Shanker And Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Sheo Ram Singh,Kuldip Singh Yadav Counsel for Opposite Party :- Govt. Advocate Hon'ble Vivek Kumar Singh,J. Case called out in the revised list. No one is present on behalf of the applicants to press this application. Smt. Poonam Singh Sengar, learned Additional Government Advocate is present. The present case is pending since 2009 before this Court, in which proceedings of the court below was stayed by this Court at the initial stage of filing of the case. On 28.3.2018, the Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd and others vs. Central Bureau of Investigation; AIR 2018 SC 2039 has directed that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended. In view of above, the present application is dismissed for the want of prosecution. Interim order, if any, stands vacated. Office is directed to communicate this order to the court concerned below. Order Date :- 16.10.2019 Dev/-
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