Interim Stay - 6 Months

1
IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION
MISCELLANEOUS APPLICATION NO. 1577 OF 2020

IN
CRIMINAL APPEAL NOS. 1375-1376 OF 2013
ASIAN RESURFACING OF ROAD AGENCY PVT. LTD. & ANR. Appellant(s)
VERSUS
CENTRAL BUREAU OF INVESTIGATION Respondent(s)
O R D E R
Having heard Mr. Dilip Annasaheb Taur, learned counsel for the
applicant and Mr. S.V. Raju, learned ASG for the respondent, we are
constrained to point out that in our directions contained in the
judgment delivered in Criminal Appeal Nos. 1375-1376 of 2013 [Asian
Resurfacing of Road Agency Pvt. Ltd. & Anr. vs. Central Bureau of
Investigation] and, in particular, para 35, it is stated thus:
“35. … …. 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.”
Learned Additional Chief Judicial Magistrate, Pune, by his
order dated 04.12.2019, has instead of following our judgment in
letter as well as spirit, stated that the Complainant should move

Signature Not Verified
Digitally signed by R
an application before the High Court to resume the trial.

Natarajan
Date: 2020.10.16
16:16:31 IST
The
Reason:
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
2
respect of ratio of the judgment in Asian Resurfacing of Road
Agency Pvt. Ltd. & Anr. (supra).” 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 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 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.
With this observation, the order dated 04.12.2019 is set aside
with a direction to the learned Additional Chief Judicial
Magistrate, Pune to set down the case for hearing immediately.
Miscellaneous Application is disposed of accordingly.
.......................... J.
(ROHINTON FALI NARIMAN)
.......................... J.
(NAVIN SINHA)
.......................... J.
(K.M. JOSEPH)
New Delhi;
October 15, 2020.
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ITEM NO.27 Court 3 (Video Conferencing) SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No. 1577/2020 in Crl. Appeal No(s).

1375-1376/2013
(Arising out of impugned final judgment and order dated 25-04-2018

in Crl.A. No. No. 1375/2013 passed by the Supreme Court Of India)
ASIAN RESURFACING OF ROAD AGENCY P. LTD. & ANR. Appellant(s)
VERSUS
CENTRAL BUREAU OF INVESTIGATION Respondent(s)
(FOR ADMISSION and IA No.15196/2020-EXEMPTION FROM FILING O.T. and

IA No.15193/2020-INTERVENTION/IMPLEADMENT and IA No.15201/2020-
CLARIFICATION/DIRECTION and IA No.15190/2020-APPLICATION FOR
PERMISSION)
Date : 15-10-2020 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
HON'BLE MR. JUSTICE NAVIN SINHA
HON'BLE MR. JUSTICE K.M. JOSEPH
For Petitioner(s) Mr. Dilip Annasaheb Taur, AOR
For Respondent(s) Mr. S.V. Raju, ASG

Ms. Binu Tamta, Adv.
Ms. Rukhmini Bobde, Adv.
Mr. V.V.V. Pattabhiram, Adv.
Mr. Arvind Kumar Sharma, AOR
UPON hearing the counsel the Court made the following

O R D E R
Application for impleadment is allowed.
Miscellaneous Application is disposed of in terms of the
signed order.
Pending applications also stand disposed of.
(R. NATARAJAN) (NISHA TRIPATHI)

ASTT. REGISTRAR-cum-PS BRANCH OFFICER
(Signed order is placed on the file)

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1

IN THE SUPREME COURT OF INDIA

MISCELLANEOUS APPLICATION NO. 1577 OF 2020

ASIAN RESURFACING OF ROAD AGENCY PVT. LTD. & ANR. Appellant(s)

CENTRAL BUREAU OF INVESTIGATION Respondent(s)

constrained to point out that in our directions contained in the

judgment delivered in Criminal Appeal Nos. 1375-1376 of 2013 [Asian

Investigation] and, in particular, para 35, it is stated thus:

“35. … …. In cases where stay is granted in future,

Learned Additional Chief Judicial Magistrate, Pune, by his

order dated 04.12.2019, 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.

respect of ratio of the judgment in Asian Resurfacing of Road

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 35 of our judgment. We expect that the Magistrates all over

automatically expires within a period of six months, and unless

extension is granted for good reason, as per our judgment, within

With this observation, the order dated 04.12.2019 is set aside

with a direction to the learned Additional Chief Judicial

Magistrate, Pune to set down the case for hearing immediately.

Miscellaneous Application is disposed of accordingly.

ITEM NO.27 Court 3 (Video Conferencing) SECTION II-C

Miscellaneous Application No. 1577/2020 in Crl. Appeal No(s).

(Arising out of impugned final judgment and order dated 25-04-2018

ASIAN RESURFACING OF ROAD AGENCY P. LTD. & ANR. Appellant(s)

CENTRAL BUREAU OF INVESTIGATION Respondent(s)

(FOR ADMISSION and IA No.15196/2020-EXEMPTION FROM FILING O.T. and

Date : 15-10-2020 This matter was called on for hearing today.

For Petitioner(s) Mr. Dilip Annasaheb Taur, AOR

For Respondent(s) Mr. S.V. Raju, ASG

UPON hearing the counsel the Court made the following

Application for impleadment is allowed.

Miscellaneous Application is disposed of in terms of the

Pending applications also stand disposed of.

(R. NATARAJAN) (NISHA TRIPATHI)

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