Vijay Kapoor vs State Of Rajasthan And Anr
2021 Latest Caselaw 5631 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

      S.B. Criminal Miscellaneous (Petition) No. 6189/2016

Vijay Kapoor
                                                                    ----Petitioner
                                    Versus
State Of Rajasthan And Anr.
                                                                 ----Respondents

For Petitioner(s)         :     Mr. Vikas Jain
For Respondent(s)         :     Mr. F.R. Meena, P.P.

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

06/10/2021

The matter comes up on a letter dated 04.03.2020 issued by

the Court of learned Additional Chief Judicial Magistrate No.2,

Ajmer seeking guidance with regard to continuation of the interim

order dated 25.10.2017 passed by this Court in S.B. CRLMP

No.6189/2016.

The order dated 02.07.2021 passed by Hon'ble Apex Court of

India in the case of Asian Resurfacing of Road Agency Pvt.

Ltd. & Anr. Vs. Central Bureau of Investigation in Criminal

Appeal Nos.1375-1376 of 2013, reads as under:

"Learned Additional Chief Judicial Magistrate-III, Dehradun, by his order dated 31.10.2020, has instead of following our judgment in letter as well as spirit, stated "Today, the complainant submitted an application citing the judgment of the Hon'ble Supreme Court of India and also enclosed the photocopy of the said judgment. The copy of the judgment of the Hon'ble Supreme Court was perused with due respect. Application alongwith the copy of the Judgment seen (keep on file). Consequently, the opposite party is directed to file the fresh status of stay

(2 of 2) [CRLMP-6189/2016]

granted by the Hon'ble High Court. The file to be put up for further orders on due date."

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. These kinds of orders fly in the face of para 35 of our judgment. 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 upon the expiry of 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."

In view of the aforesaid direction, no guidance is required.

The Registrar (Judl.) is requested to intimate the Court

concerned accordingly.

(MAHENDAR KUMAR GOYAL),J

DANISH USMANI /02

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