Umesh Sharma vs State Of Rajasthan And Anr
2021 Latest Caselaw 3897 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

        S.B. Criminal Miscellaneous Petition No. 5370/2014
Umesh Sharma
                                                                    ----Petitioner
                                   Versus
State Of Rajasthan And Anr
                                                                 ----Respondents

For Petitioner(s) : Mr. H. R. Kumawat For Respondent(s) : Mr. Shyam Prakash Sharma, PP Mr. Prahlad Sharma

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 19/08/2021

The matter has come up on an application (IA No. 1/2019) to

extend the interim order dated 27.05.2015. The interim order

was passed on 27.05.2015, as under:-

"Till then, the further proceedings pending before the Metropolitan Magistrate No. 26, Jaipur Metropolitan in Criminal Case No. 652/1999 shall remain stayed."

In the case of Asian Resurfacing of Road Agency Private

Limited Vs. Central Bureau of Investigation: 2018 (16) SCC 299;

it has been held as under:

"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."

These directions have been again reiterated by Hon'ble Apex

Court in Misc. Application No. 890/2021 in Criminal Appeal Nos.

1375-1376 of 2013, vide order dated 02.07.2021.

(2 of 2) [CRLMP-5370/2014]

In view of the judgment of Hon'ble Apex Court passed in

Asian Resurfacing of Road Agency Private Limited (supra), no

special cause has been shown for extension of interim order dated

27.05.2015, as the proceedings pending before Metropolitan

Magistrate No. 26, Jaipur Metropolitan in Criminal Case No.

652/1999, have remained stayed for almost six years.

In view of the above facts and circumstances, the application

(IA No. 1/2019) is dismissed.

List the matter for admission on 21.09.2021.

(MANOJ KUMAR VYAS),J

Pooja/124

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