Application under Section 482 Cr.P.C. rejected for want of prosecution. An interim stay order in Electricity Act proceedings expired on 28.03.2018 per Supreme Court judgment; application stands dismissed as lapsed.
Application rejected for want of prosecution; no stay on proceedings.
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Court No. - 59
Case :- APPLICATION U/S 482 No. - 7546 of 2007
Applicant :- Smt. Sabra Begum Opposite Party :- State of U.P. and Another Counsel for Applicant :- Meraj Ahmad Khan Counsel for Opposite Party :- Govt. Advocate,A.K. Mehrotra
Hon'ble Subhash Vidyarthi,J.
Case is called in revised list. Nobody is present to press this application.
Perused the record.
On 05.04.2007, an interim order was passed in this case staying further proceedings of S.T. No.04 of 2007, under Section 135 of Electricity Act, Police Station-Katghar, District-Moradabad till the next date of listing. The interim order has not been extended on any date since then.
A counter affidavit has been by State on 11.01.2008, but no rejoinder affidavit has been filed by the application.
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 want of prosecution.
Order Date :- 3.12.2021
SK Goswami
Colour shows how this judgement treated each authority
Asian Re-surfacing of Road Agency Vs. Central Bureau of Investigation 2018 (16) S.C.C. 299Referred¶9
2 provisions across 2 enactments
Smt. Sabra Begum
Subhash Vidyarthi
As recorded by the court registry
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