The Court dismissed a Section 482 CrPC application for want of prosecution. The proceedings were stayed since January 2009 without extension post-March 2018 Supreme Court directions, leading to dismissal and vacation of any interim order.
Application dismissed; interim order, if any, stands vacated. Office directed to communicate order.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 452 of 2009
Applicant :- Yash Kumar And Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ved Prakash Pandey 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 23.01.2009.
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 :- 20.8.2019
PKC
1 issue framed by the court
Whether to grant relief under Section 482 CrPC due to want of prosecution after Supreme Court directions on stay of proceedings.
Colour shows how this judgement treated each authority
Asian Resurfacing of Road Agency Pvt. Ltd and others vs. Central Bureau of InvestigationReferred
Asian Resurfacing of Road Agency Pvt. Ltd and others vs. Central Bureau of Investigation; AIR 2018 SC 2039 · Who else cites this
Yash Kumar And Others
State Of U.P. And Another
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
