Single judge dismissed an application under section 482 Cr.P.C. for non-prosecution. The court held that an earlier interim stay order on trial proceedings had expired based on Supreme Court precedent, leaving no stay in operation.
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Court No. - 59
Case :- APPLICATION U/S 482 No. - 5355 of 2007
Applicant :- Irshad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Kumar Counsel for Opposite Party :- Govt. Advocate
Hon'ble Subhash Vidyarthi,J.
Case is called in revised list. Nobody is present to press this application even in the revised call.
When the case was listed on the last date i.e. 21.10.2021, none had appeared to press the application even in the revised call.
Perused the record.
On 13.03.2007, an interim order was passed in this case staying further proceedings of Case No.993 of 2006, under Sections 352/504/506 I.P.C., Police Station-Rampur, District-Saharanpur till the next date of listing. The interim order has not been extended on any date since then.
In view of the judgment passed by Hon'ble Supreme Court in the case of Asian Re-surfacing of Road Agency Vs. Central Bureau of Investigation 2018 (16) S.C.C. 299 , the interim order staying the proceedings of the trial has come to an end on expiry of six months from the date of judgment i.e. 28.03.2018, thus, there is no stay order in operation since 28.09.2018.
The application u/s 482 Cr.P.C. stands rejected for nonprosecution.
Order Date :- 3.12.2021
SK Goswami
1 issue framed by the court
Whether an application under section 482 Cr.P.C. should be allowed given that the interim stay order had expired and the applicant did not appear to press it.
Colour shows how this judgement treated each authority
Asian Re-surfacing of Road Agency Vs. Central Bureau of InvestigationApplied¶9
Asian Re-surfacing of Road Agency Vs. Central Bureau of Investigation 2018 (16) S.C.C. 299 · Who else cites this
1 provisions across 1 enactments
Irshad
Subhash Vidyarthi
As recorded by the court registry
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