The Hon'ble Court dismissed an application filed under Section 482 CrPC for the lack of prosecution. The case had been pending since 2008 with a stay on proceedings that potentially expired under the Supreme Court's directive in Asian Resurfacing.
Application dismissed for want of prosecution; interim order vacated.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 24489 of 2008
Applicant :- Ashok Gupta And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- M.C. Tiwari,Kiran Tiwari Counsel for Opposite Party :- Govt. Advocate,Murari Lal Jain
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.Sri M.L Jain has appeared for the contesting opposite party no.2. and learned Additional Government Advocate are present.
The present case is pending since 2008 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 11.9.2008.
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 :- 14.10.2019 IA
2 issues framed by the court
Whether the application for quashing proceedings under Section 482 CrPC, pending since 2008, can be allowed given the lack of prosecution and the mandate from the Apex Court in Asian Resurfacing regar
Whether the desire to withdraw or dispose of a pending Section 482 application can be accommodated when the applicant is absent and the case remains inadmissible due to non-prosecution.
Colour shows how this judgement treated each authority
Asian Resurfacing of Road Agency Pvt. Ltd and others vs. Central Bureau of Investigation; AIR 2018 SC 2039Referred¶8
Asian Resurfacing of Road Agency Pvt. Ltd and others vs. Central Bureau of Investigation; AIR 2018 SC 2039 · Who else cites this
Ashok Gupta And Others
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
