Single judge dismissed a Section 482 CrPC application for want of prosecution, citing a Supreme Court directive requiring stays exceeding six months to be extended by speaking orders. The court noted no applicant presence in 2019.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 69
Case :- APPLICATION U/S 482 No. - 2900 of 2009
Applicant :- Smt. Bela And Others Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Smt. Usha Srivastava,Jitendra Kumar Ojha 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 12.112009.
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 :- 5.8.2019 IA
1 issue framed by the court
Whether to allow the application for extension of stay on proceedings filed in 2009.
Colour shows how this judgement treated each authority
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
Smt. Bela 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
