In an application under Section 482 CrPC pending since 2009, the applicant was absent. The court noted the stay against proceedings expired in 2009. Quashing the application for want of prosecution, the court vacated any interim order.
Application dismissed for want of prosecution; Interim order, if any, stands vacated.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 1162 of 2009
Applicant :- Naeem Khan And Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Sanjay Kumar Singh,Abhishek Kumar 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.
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 but it was not extended after 12.5.2009.
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 :- 13.9.2019 IA
1 issue framed by the court
Whether an application under Section 482 CrPC, pending since 2009 without prosecution after the stay was lifted in 2009, is maintainable.
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Asian Resurfacing of Road Agency Pvt. Ltd and others vs. Central Bureau of InvestigationReferred¶9
Asian Resurfacing of Road Agency Pvt. Ltd and others vs. Central Bureau of Investigation; AIR 2018 SC 2039 · Who else cites this
Naeem Khan And Others
Vivek Kumar Singh
As recorded by the court registry
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