The High Court dismissed the CRLMC petition after finding the petitioner absent and the interim stay order in the underlying criminal trial case lapsed per a Supreme Court decision, allowing the trial court to proceed.
The CRLMC is dismissed as the petitioner is considered not interested and the underlying interim stay order has lapsed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1728 of 2017
Antaryami Senapati
…. Petitioner None
-versus-
State of Odisha & Another
Opposite Parties
Mr. S.N. Das, ASC
CORAM:
JUSTICE M.S. RAMAN
ORDER
20.01.2023
Order No.
05. 1 . None appeared for the Petitioner at the time of call.
2. Mr. S.N. Das, learned Additional Standing Counsel submitted that on 22nd August, 2017, this Court has passed order directing stay of further proceeding in C.T. Case No.4885 of 2014 pending in the Court of learned S.D.J.M., Bhubaneswar and during pendency of the instant case, said interim order has not been extended in terms of judgment of the Hon’ble Apex Court in Asian Resurfacing of Road Agency Private Limited and another v. Central Bureau of Investigation, 2018 (I) ILR-CUT-659 (SC). Therefore, in absence of extension of the interim order the matter would have proceeded substantially.
3. Though this Court directed the counsel for both sides for placing on record the current status of the proceeding, no up-to-date position is forthcoming.
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// 2 //
4. In view of the aforesaid submission that the interim order has already been lapsed by virtue of decision of the Hon’ble Supreme Court in the case of Asian Resurfacing (Supra) and the same has not been extended any further, the matter does not deserve further indulgence and the learned S.D.J.M., Bhubaneswar is free to proceed with the case.
5. Since none appeared for the Petitioner, it is considered that the Petitioner is no more interested to pursue this matter. Accordingly, the CRLMC stands dismissed.
6. Registry may communicate the order to the court concerned
forthwith.
(M.S. Raman)
Judge
Laxmikant
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Colour shows how this judgement treated each authority
Asian Resurfacing of Road Agency Private LimitedReferred¶14
Asian Resurfacing of Road Agency Private Limited and another v. Central Bureau of Investigation, 2018 (I) ILR-CUT-659 (SC)
Antaryami Senapati
State of Odisha & Another
M.S. RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
