On 2.8.2019, the high court dismissed an application under S. 482 Cr.P.C. pending since 2007 for want of prosecution, applying the Supreme Court's direction in Asian Resurfacing that procedural stays expire unless extended by speaking 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. - 24246 of 2007
Applicant :- Swatantra Kumar Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- R.S.Mishra 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 Abhinav Prasad, 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.
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 :- 2.8.2019 Dev/-
1 issue framed by the court
Whether pending application for quashing under S. 482 Cr.P.C. shall be dismissed for want of prosecution in light of Apex Court's direction regarding stay on proceedings?
Colour shows how this judgement treated each authority
Asian Resurfacing of Road Agency Pvt. Ltd and others vs. Central Bureau of InvestigationApplied¶9
Asian Resurfacing of Road Agency Pvt. Ltd and others vs. Central Bureau of Investigation; AIR 2018 SC 2039 · Who else cites this
1 provisions across 1 enactments
Swatantra Kumar Singh
Vivek Kumar Singh
As recorded by the court registry
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