Allahabad High Court
Wakil Ahmad Ansari And Anr. vs The State Of U.P And Anr. on 18 April, 2019
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- U/S 482/378/407 No. - 6107 of 2013
Applicant :- Wakil Ahmad Ansari And Anr.
Opposite Party :- The State Of U.P And Anr.
Counsel for Applicant :- Pramod Kumar Shukla,Anil Kumar Tiwari,Ashish Kumar Mishra,M.K Sherwani
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Dinesh Kumar Singh,J.
1. This Court on 9.8.2018 passed the following interim order:-
"Pursuant to the earlier order of this Court dated 25.8.2015 office report dated 1.12.2015 shows that the opposite party no.2 has been served notice through heirs, however, none has put in appearance on his behalf.
It is contended by the learned counsel for the applicants that the applicant 2 is mother of applicant no.1, who had married the victim out of their own freewill as they are major and are living together as husband and wife and out of said wedlock two children were born.
In view of the above, list after three weeks, by which time the opposite party no. 2, who has been served through heirs may file counter affidavit within three weeks, if so advised. Learned A.G.A. may also file counter affidavit within the said period.
List thereafter.
Till the next date of listing no coercive action shall be taken against the applicants in case crime no. 183 of 2012 under Section 363, 366, 376 IPC, P.S. Chapia District Gonda."
2. Interim order was extended from time to time without any arguments, on the request of learned counsel for the petitioner.
3. Today, no one appears on behalf of the petitioner to prosecute the case.
4. The Supreme Court in paragraphs-37 and 38 of judgment rendered in Asian Resurfacing of Road Agency Pvt. Ltd and another Vs. Central Bureau of Investigation, (2018) 16 SCC 299 has held as under:-
"37. In view of above, situation of proceedings remaining pending for long on account of stay needs to be remedied. Remedy is required not only for corruption cases but for all civil and criminal cases where on account of stay, civil and criminal proceedings are held up. At times, proceedings are adjourned sine die on account of stay. Even after stay is vacated, intimation is not received and proceedings are not taken up. 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.
38. Thus, we declare the law to be that order framing charge is not purely an interlocutory order nor a final order. Jurisdiction of the High Court is not barred irrespective of the label of a petition, be it under Sections 397 or 482 Cr.P.C. or Article 227 of the Constitution. However, the said jurisdiction is to be exercised consistent with the legislative policy to ensure expeditious disposal of a trial without the same being in any manner hampered. Thus considered, the challenge to an order of charge should be entertained in a rarest of rare case only to correct a patent error of jurisdiction and not to re-appreciate the matter. Even where such challenge is entertained and stay is granted, the matter must be decided on day-to-day basis so that stay does not operate for an unduly long period. Though no mandatory time limit may be fixed, the decision may not exceed two-three months normally. If it remains pending longer, duration of stay should not exceed six months, unless extension is granted by a specific speaking order, as already indicated. Mandate of speedy justice applies to the PC Act cases as well as other cases where at trial stage proceedings are stayed by the higher court i.e. the High Court or a court below the High Court, as the case may be. In all pending matters before the High Courts or other courts relating to PC Act or all other civil or criminal cases, where stay of proceedings in a pending trial is operating, stay will automatically lapse after six months from today unless extended by a speaking order on above parameters. Same course may also be adopted by civil and criminal appellate/revisional courts under the jurisdiction of the High Courts. The trial courts may, on expiry of above period, resume the proceedings without waiting for any other intimation unless express order extending stay is produced."
5. In view of the Judgment of the Supreme Court in Asian Resurfacing of Road Agency Pvt. Ltd (supra), it is made clear that there is no interim order in the present case and the trial Court is to proceed with the matter.
6. List after four weeks.
7. Let copy of this order be transmitted to the concerned trial Court forthwith.
Order Date :- 18.4.2019
Rao/-
