Km. Rukhsana And 2 Others vs State Of U.P. And Another
2024 Latest Caselaw 37378 ALL

Allahabad High Court

Km. Rukhsana And 2 Others vs State Of U.P. And Another on 13 November, 2024

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:178450
 
Court No. - 74
 

 
Case :- APPLICATION U/S 482 No. - 28992 of 2017
 

 
Applicant :- Km. Rukhsana And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohammad Saleheen Ansari,Sheikh Obaidullah
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Manish Mathur,J.
 

Order on Criminal Misc. Stay Extension Application

1. Heard learned counsel for applicant on the stay extension application.

2. Application has been filed seeking extension of interim order dated 04.09.2017.

3. Learned counsel submits that the aforesaid interim order is being ignored by trial court in view of judgment rendered by Hon'ble the Supreme Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of Investigation reported in (2018)16 SCC 299 and non bailable warrant has thereafter been issued. Learned counsel has placed reliance on Pawan Agarwal versus State of Uttar Pradesh passed in SLP (Crl.) No.9625 of 2023.

4. Upon perusal of material available on record, it appears that interim order was granted after considering certain aspects and is detailed and reasoned order. The judgement rendered by Hon'ble the Supreme Court in the case of Asian Resurfacing (supra) has thereafter been overruled in judgment rendered in the case of High Court Bar Association, Allahabad Vs. State of Uttar Pradesh & Ors.; passed in Criminal Appeal No.3589 of 2023 which has also been considered in the case of Pawan Agarwal versus State of Uttar Pradesh in which it has been indicated that due to overruling of the decision in Asian Resurfacing (supra), interim order granted in Application under Section 482 Cr.P.C. would revive.

5. In view of aforesaid facts and circumstances, the interim order 04.09.2017 is revived till next date of listing.

6. Application stands allowed.

7. List in the second week of December, 2024.

Order Date :- 13.11.2024

Subodh/-