Shahabuddin vs The Union Of India
2023 Latest Caselaw 64 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application No. 408/2022 in S.B. Criminal Misc. Petition No.2643/2011 Shahabuddin S/o Late Sher Khan, Aged About 52 Years, R/o Sindhion Ka Baas, Nanan Road, Police Station Pipar City, District Jodhpur.

----Petitioner Versus The Union Of India, Through Special Public Prosecutor, CBI, Jodhpur.

----Respondent

For Petitioner(s) : Mr. Firoz Khan For Respondent(s) : Mr. Shrawan Kumar Bishnoi, Public Prosecutor

JUSTICE DINESH MEHTA Order

03/01/2023

1. For the reasons stated, the misc. application seeking

restoration of petition is allowed.

2. The Misc. Petition No.2643/2011 is restored to its original

number.

3. It is hereby made clear that restoration of the present misc.

petition will not automatically lead to restoration of the stay

application. The petitioner will have to argue afresh for grant of

stay order in light of the principles laid down in the judgment of

Hon'ble the Supreme Court in the case of Asian Resurfacing of

Road Agency Vs. Central Bureau of Investigation Misc. Application

No.890/2021 in Criminal Appeal Nos.1375-76/2013 : (2018) 16

SCC 299 decided on 28.03.2018.

(DINESH MEHTA),J 148-Ramesh/-

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