KS,J
Crl.Petition No.1953_2023
1
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.1953 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner to quash the order dated 14.02.2023 in Crl.M.P.S.R.No.564 of 2023 in C.C.No.294 of 2006 passed by the V Additional Chief Metropolitan Magistrate cum Juvenile Court at Nampally, Hyderabad.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State.
3. The petitioner is aggrieved by the order dated 14.02.2023 which reads as follows:
"In view of the orders passed by the Hon'ble High Court in Crl.R.C.M.P.No.1028 of 2012 in Crl.R.C.No.653 of 2012, this Board was directed not to mark these documents which are subject matter of revision. In view of categorical directions of the Hon'ble High Court, this petition is returned."
KS,J Crl.Petition No.1953_2023 2
4. Learned counsel for the petitioner would submit that the order dated 09.07.2012 passed in Cr.R.C.No.653 of 2012 reads as follows:
"Post after two weeks.
Meanwhile, the trial Court can proceed with the trial, but at the same time, it is prohibited from marking the documents, which are subject matter of this revision."
5. This Court, by order dated 27.08.2019 stay was extended, which reads as follows:
"Having heard the learned counsel for the petitioners and in the light of the averments made in the application, the interim stay granted by this Court on 27.01.2012 in Crl.R.C.M.P.No.179 of 2012 in Crl.R.C.No.119 of 2012 is extended until further.
The application is accordingly allowed."
6. Learned counsel for the petitioner would submit that after the extension of stay on 27.08.2019, there was no further extension and in accordance with the judgment of the Hon'ble Supreme Court in Asian Resurfacing of Road Agency Private Limited v. Central Bureau of Investigation1, the operation of stay would be for a period of six months and thereafter, the parties have to approach the Court for 1 (2018) 16 SCC 299 KS,J Crl.Petition No.1953_2023 3 the purpose of extending such stay. On such application being made, the High Court has to pass speaking orders for extension of stay.
7. The Hon'ble Supreme Court in Asian Resurfacing of Road Agency Private Limited v. Central Bureau of Investigation's case (supra), held at para 36 as follows:
"36.....In an attempt to remedy this situation, we consider it appropriate to direct 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 cases where stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order. The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized. The trial court where order of stay of civil or criminal proceedings is produced, may fix a date not beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced."
8. In the event of the prosecution or the accused not producing the order of any stay which is subsisting as on the date of next date of hearing in the trial Court, in accordance with the judgment in Asian Resurfacing of Road Agency Private Limited v. Central Bureau of Investigation's case, the Juvenile Board is directed to proceed with the trial by marking the documents which are subject matter of KS,J Crl.Petition No.1953_2023 4 Criminal Revision Case No.653 of 2012. Needless to say that any interim order would expire after six months in accordance with the judgment of the Hon'ble Supreme Court cited supra.
9. With the above direction, the Criminal Petition is disposed off. Consequently, miscellaneous applications, if any, shall stand closed.
__________________ K.SURENDER, J Date: 27.02.2023 Note: Issue cc tomorrow.
kvs KS,J Crl.Petition No.1953_2023 5 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1953 of 2023 Dated: 27.02.2023 kvs