Jharkhand High Court
Krishna Kumar Keshri vs The State Of Jharkhand And Another on 4 March, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No.547 of 2016
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Krishna Kumar Keshri ... Petitioner
Versus
The State of Jharkhand and Another ... Opposite Parties
(Through V.C)
CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR
For the Petitioner : Mr. Hadish Ansari, Advocate
For the State : Mr. Ashok Kumar, APP
For the O.P No.2-Bank : Mr. Faisal Allam, Advocate
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Order No.11/Dated:4th March 2022
By an order dated 30th August 2016, proceedings in
connection with Spt G.R No.841 of 2012 were stayed by a
Coordinate Bench of this Court.
Thereafter the matter appeared on different dates but
hearing of this criminal revision petition could not be concluded
primarily because adjournment requests were made on behalf of
the learned counsel for the petitioner.
Mr. Ashok Kumar, the learned APP, has provided status
of the trial which according to him is still pending at the stage of
framing of charge.
In "Asian Resurfacing of Road Agency Pvt. Ltd. &
Another v. CBI" (2018) 16 SCC 299 the Hon'ble Supreme Court
issued a specific direction to all Courts including the High Courts
that all interim orders shall stand vacated after expiry of six
months if not extended by subsequent order(s). This was again
made clear in the order dated 15th October 2020 passed in a
miscellaneous application filed in "Asian Resurfacing of Road
Agency Pvt. Ltd. & Another" wherein the Hon'ble Supreme Court
has observed as under:
" ...... We expect that a Magistrate all over the country will
follow our order in letter and spirit. Whatever stay has been
granted by any Court including the High Court automatically
expires within a period of six months, and unless extension is
granted for good reason, as per our judgment, within the next
six months, the trial Court is, on the expiry of the first period
of six months, to set a date for the trial and go ahead with the
same."
2 Criminal Revision No.547 of 2016
Mr. Hadish Ansari, the learned counsel, is seeking
adjournment on the ground that Mr. A. K. Chaturvedi, the learned
counsel for the petitioner, is engaged in a matter before the
Hon'ble DB-I.
Let a report be called from the learned Principal District
and Sessions Judge, Gumla as regards compliance of the
directions issued by the Hon'ble Supreme Court in "Asian
Resurfacing of Road Agency Pvt. Ltd. & Another".
The learned Principal District and Sessions Judge shall
prepare report within two weeks and submit before this Court
about continuance of any interim order which was passed beyond
the period of six months and not continued by any express order
either of the Court concerned or the Hon'ble High Court, by calling
report from all Presiding Officers within the Judgeship of Gumla.
Post this matter on 1st April 2022.
Let a copy of the order be transmitted to the Court
concerned through 'FAX'.
(Shree Chandrashekhar, J.)
Amit/
