Court No. - 70 Case :- APPLICATION U/S 482 No. - 1021 of 2019 Applicant :- Ajay Jaiswal And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Onkar Nath Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants and learned A.G.A on behalf of the State.
It is submitted by the learned counsel for the applicants that he has already filed Criminal Misc.Writ Petition No.16623 of 2014 (Ajay Jaiswal and another vs. State of U.P. & others) before this Court in which stay order was granted on 22.09.2014. It is further submitted that despite stay order dated 22.09.2014 and pendency of aforesaid writ petition the learned magistrate has passed the impugned order dated 15.11.2018 relying on the judgment of Apex Court in the case of Asian Resurfacing of Road Agency Private Limited & Another vs. C.B.I. Criminal Appeal No.1375-1376 of 2013, the Apex Court directed that in all pending cases were stay against proceedings of a civil or criminal trial is operating, the same will be come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended.
Learned A.G.A has pointed out that the applicants did not file any document to establish that the stay order dated 22.09.2014 which was granted for limited period has been extended further. There is no averment in the application also that stay order dated 22.09.2014 was operating on the day of passing the impugned order dated 15.11.2018 by the Judicial Magistrate, Baheri, District Bareilly.
Apart from the aforesaid objection, learned A.G.A has also submitted that if Criminal Misc.Writ Petition No.16623 of 2014 of the applicants is pending before this Court then proper remedy is to move appropriate application in the pending writ petition.
In view of above, the present application filed by the applicants is also not maintainable.
Considering the material evidence on behalf of learned counsel for the parties and perusing the material on record, I find substance in the argument advanced on behalf of the learned counsel for the State.
In view of above, I find no illegality and perversity in the order dated 15.11.2014. The application lacks merit and is accordingly dismissed.
Order Date :- 21.1.2019 SKD