The court dismissed an application under Section 482 CrPC for want of prosecution. No applicant counsel appeared. An interim order was vacated following the Apex Court's directive to lift stays after six months.
Application dismissed; interim order vacated.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 515 of 2008
Applicant :- Ravindra Kumar Yadav And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.K. Singh,Gyan Prakash Counsel for Opposite Party :- Govt. Advocate,H.K.Yadav,Smt.S.Yadav
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 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 13.1.2017.
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 :- 23.10.2019 IA
1 issue framed by the court
Whether the present application under Section 482 CrPC should be allowed in view of the Apex Court's direction regarding extended stays.
Colour shows how this judgement treated each authority
Asian Resurfacing of Road Agency Pvt. Ltd and othersReferred¶9
Asian Resurfacing of Road Agency Pvt. Ltd and others vs. Central Bureau of Investigation; AIR 2018 SC 2039 · Who else cites this
2 provisions across 2 enactments
Ravindra Kumar Yadav
State of U.P.
Vivek Kumar Singh, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
