Madhya Pradesh High Court
Ram Prasad Singh Dhurve vs The State Of Madhya Pradesh on 4 August, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WA No. 1251 of 2021
(RAM PRASAD SINGH DHURVE Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 04-08-2023
Shri Rajesh Kumar Soni - Advocate for the appellant.
Shri Ankit Agrawal - Govt. Advocate for the respondent / State.
Learned counsel for the appellant submits that this Court while admitting
the appeal on 21.04.2022 this Court was kind enough in staying all the
proceedings in connection with FIR No. 0223 of 2021 registered on 23.09.2021
at Police Station Rajendragram, Distt. Anuppur (M.P.) until further orders.
The Court below by order dated 13.07.2023 (Annexure A-3) which is
filed along with IA No. 11645 of 2023 opined that in the light of judgment of
Supreme Court reported in (2018) 16 SC 299 (Asian Resurfacing of Road
Agency Private Ltd. and Anr. Vs. Central Bureau of Investigation) in
absence of any extension of interim order granted by this Court, after 6 months
the Court below can proceed further.
Shri Soni, learned counsel for the petitioner by placing reliance on (2022)
10 SCC 592 (Asian Resurfacing of Road Agency Private Ltd. and Anr.
Vs. Central Bureau of Investigation) urged that appeal is already admitted
for hearing. The pleadings are complete in this writ appeal. The writ appeal itself
can be finally heard and an early date may be fixed. Till such time, the interim
protection granted by this Court may be continued, otherwise the writ appeal
will render infructuous.
Shri Ankit Agrawal, learned Govt. Advocate for the State formally
opposed the prayer but did not dispute that the law on this point is laid down
by the Apex Court in Asian Resurfacing of Road Agency Private Ltd.
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 8/7/2023
10:27:11 AM
(supra). The Apex Court opined as under :-
"2. The learned Additional Chief Judicial Magistrate, Pune,
by his order dated 4-12-2019, has instead of following our
judgment in letter as well as spirit, stated that the
complainant should move an application before the High
Court to resume the trial. The Magistrate goes on to
say:"The lower court cannot pass any order which has
been stayed by the Hon'ble High Court, Bombay with due
respect of ratio of the judgment in Asian Resurfacing of
Road Agency (P) Ltd. [Asian Resurfacing of Road Agency
(P) Ltd. v. CBI, (2018) 16 SCC 299 : (2020) 1 SCC (Cri)
686] " We must remind the Magistrates all over the country
that in our pyramidical structure under the Constitution of
India, the Supreme Court is at the apex, and the High
Courts, though not subordinate administratively, are
certainly subordinate judicially. This kind of orders fly in
the face of para 36 of our judgment.
3. We expect that the Magistrates 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."
The reason shown for extension of stay order by Shri Soni, in our
opinion, is justifiable. Accordingly, we deem it proper to fix the date of final
hearing of this appeal with the consent of parties.
Parties agreed to argue this matter finally on 6th September, 2023.
List the case for final hearing on 6th September, 2023.
If appellant prays for adjournment without any justifiable reason, this
alone can be a reason to vacate the interim order.
Till such time, in the interest of justice, the ad-interim order dated
21.04.2022 shall remain in operation.
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 8/7/2023
10:27:11 AM
In view of this order, IA No. 11805/2023 stands disposed of.
CC today.
(SUJOY PAUL) (ACHAL KUMAR PALIWAL)
JUDGE JUDGE
sarathe
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 8/7/2023
10:27:11 AM
