HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application No. 408/2022 in S.B. Criminal Misc. Petition No.2643/2011 Shahabuddin S/o Late Sher Khan, Aged About 52 Years, R/o Sindhion Ka Baas, Nanan Road, Police Station Pipar City, District Jodhpur.
----Petitioner Versus The Union Of India, Through Special Public Prosecutor, CBI, Jodhpur.
----Respondent For Petitioner(s) : Mr. Firoz Khan For Respondent(s) : Mr. Shrawan Kumar Bishnoi, Public Prosecutor JUSTICE DINESH MEHTA Order 03/01/2023
1. For the reasons stated, the misc. application seeking restoration of petition is allowed.
2. The Misc. Petition No.2643/2011 is restored to its original number.
3. It is hereby made clear that restoration of the present misc.
petition will not automatically lead to restoration of the stay application. The petitioner will have to argue afresh for grant of stay order in light of the principles laid down in the judgment of Hon'ble the Supreme Court in the case of Asian Resurfacing of Road Agency Vs. Central Bureau of Investigation Misc. Application No.890/2021 in Criminal Appeal Nos.1375-76/2013 : (2018) 16 SCC 299 decided on 28.03.2018.
(DINESH MEHTA),J 148-Ramesh/-
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