The High Court dismissed an application u/s 482 CrPC pending since 2007 for want of prosecution, citing the Apex Court directive to lift stays in cases with superannuated adjournments.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 6025 of 2007
Applicant :- Anoop Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Singh 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.
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 but it was not extended after 19.3.2007.
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 :- 5.11.2019 IA
1 issue framed by the court
Whether the application u/s 482 which was pending since 2007 without prosecution be allowed.
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
Anoop Sharma
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
