(Rohinton Fali Nariman, Navin Sinha and K.M. Joseph, JJ.)
Miscellaneous Application No. 1577 of 2020 In Criminal Appeal Nos. 1375-1376 of 2013
Asian Resurfacing of Road Agency Pvt. Ltd. and Another _______________________________________________ Appellant(s);
v.
Central Bureau of Investigation _______________________ Respondent.
Miscellaneous Application No. 1577 of 2020 and Criminal Appeal Nos. 1375-1376 of 2013, decided on October 15, 2020
The Order of the court was delivered by
Order
1. 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. v. 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.”
2. 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. The 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 respect of ratio of the judgment in Asian Resurfacing of Road Agency Pvt. Ltd. (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.
3. 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.
4. Miscellaneous Application is disposed of accordingly.
Miscellaneous Application No. 1577/2020 in Crl. Appeal No(s). 1375-1376/2013
Asian Resurfacing of Road Agency P. Ltd. & Anr _______ Appellant(s)
v.
Central Bureau of Investigation ______________________ Respondent
(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.
(Before Rohinton Fali Nariman, Navin Sinha and K.M. Joseph, JJ.)
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
ORDER
5. Application for impleadment is allowed.
6. Miscellaneous Application is disposed of in terms of the signed order.
7. Pending applications also stand disposed of.
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