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SUPREME COURT OF INDIA
H.L. DATTU & THE HONOURABLE MR. JUSTICE RANJAN GOGOI, JJ.
Raj Kumar Luthra & Another – Appellants
Versus
State of Punjab & Another – Respondents
Criminal Appeal No. 283 of 2013 (@ Special Leave Petition(Criminal)No.4625 of 2009)
Decided on : 08-02-2013
Interim Order - Criminal Procedure - The court made absolute the interim order staying the operation of the impugned order, subject to the deposit of a specified amount by the petitioners, and granted liberty to the appellants to request disposal of the application pending before the High Court.
Fact of the Case:
The appeal was against an interim order directing the appellants to appear before the Chief Judicial Magistrate and deposit an amount of Rs.15 lakhs, which was stayed by the court subject to the deposit of the same amount by the petitioners.
Finding of the Court:
The court made absolute the interim order and disposed of the appeal accordingly, granting liberty to the appellants to request disposal of the application pending before the High Court.
Issues: Interim order, deposit amount, disposal of application under Section 482 of the Code of Criminal Procedure, 1973.
Ratio Decidendi: The court has the discretion to stay the operation of an impugned order subject to the deposit of a specified amount by the petitioners, and may grant liberty to request disposal of pending applications.
Final Decision: The appeal was disposed of, and the interim order was made absolute, with liberty reserved to the appellants to request disposal of the application pending before the High Court.
JUDGMENT :-
1. Leave granted.
2. This appeal is directed against an interim order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Misc.No.10716-M of 2009 (O & M), dated 23rd April, 2009, whereby the High Court has issued notice and the appellants were directed to appear before Chief Judicial Magistrate, Gurdaspur and deposit an amount of Rs.15 lakhs.
3. This Court, vide order dated 24th July, 2009, while issuing notice, has passed the following order :
“.... In the meanwhile, subject to the petitioners' depositing the amount of Rs.15 lakhs within four weeks' from today, the operation of the imopugned order shall remain stayed. However, the amount so deposited shall not be disbursed without the leave of this Court.
The petitioners shall not be arrested till the next date.”
4. In the facts and circumstances of the case and having heard the learned counsel for the parties to the lis, we are of the considered opinion that the order dated 24th July, 2009 passed by this Court be made absolute and is made absolute. The appeal is disposed of accordingly.
Libertyis also reserved to the appellants to request for disposal of the application filed by him under Section 482 of the Code of Criminal Procedure, 1973, pending before the High Court.
Ordered accordingly.
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