Court dismissed the quashing application under Section 482 CrPC for want of prosecution, noting the absence of the applicant and a 12-year delay, citing the Supreme Court's directive to end indefinite stays.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 12668 of 2007
Applicant :- Jamaluddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Srivastava 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 applicant to press this application.
Sri Sanjay Singh, learned Additional Government Advocate is present.
The present case is pending since 2007 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 07.06.2007.
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 :- 15.11.2019 Ravi Kant/Dev
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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
Jamaluddin
Vivek Kumar Singh
As recorded by the court registry
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