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2015 Supreme(SC) 883
SUPREME COURT OF INDIA
(RECORD OF PROCEEDINGS)
DIPAK MISRA, PRAFULLA C. PANT, JJ.
SUBRAMANIAN SWAMY – Petitioners
VERSUS
UNION OF INDIA, MIN. OF LAW& ORS. – Respondents
CRLMP NO.15103/2015 in Writ Petition(s)(Criminal) No(s).184/2014 (with appln. (s) for quashing of Complaint/Summon order and office report)
Decided On : 07-09-2015
Stay of proceedings in lower court criminal cases is permissible when the judgment of a writ petition concerning the same matter has been reserved.
Headnote:(A) Criminal Procedure - Stay of proceedings - Interim application in a writ petition where judgment was already reserved - Court directed that proceedings in specific criminal cases pending before a Sessions Court shall remain stayed.
Facts of the case:
A writ petition was reserved for judgment. An interlocutory application was filed seeking a stay of proceedings in certain criminal cases. While the court initially did not address the application due to missing complaint annexures, the application was subsequently heard after the complaints were provided.
Findings of Court:
The proceedings in the specified criminal cases pending in the Sessions Court shall remain stayed.
Issues: Whether the proceedings in the lower court criminal cases should be stayed while the judgment on the main writ petition is reserved.
Ratio Decidendi: Given that the judgment for the main writ petition was already reserved, the court determined that the subordinate court proceedings should be stayed until the final decision is delivered.
Result: Proceedings stayed; interlocutory application closed.
Legal Category Hierarchy
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practice and procedure
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criminal procedure
- stay of proceedings
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criminal procedure
ORDER
On 02.09.2015, the following order was passed :
“Taken on Board.
List CRLMP No.15103 of 2015 in Writ Petition (Crl) No.184 of 2014 on 07.09.2015.”
Be it noted, the writ petition was already reserved but as there was an interlocutory application without the complaints being annexed, this Court did not think it apt to address the same. However, when it was mentioned on the earlier occasion that the present application has been filed annexing copies of the complaints, a direction was issued to list the matter for the limited purpose, i.e., for taking up this application.
Having heard Mr. Subramanian Swamy in-person and Mr. Nageshwar Rao, learned senior counsel for the State of Tamil Nadu, it is directed that the proceedings in criminal case nos.45/2014, 46/2014 and 27/2015 pending in the court of the Principal Sessions Judge, Chennai, shall remain stayed.
As the judgment was reserved earlier, no further hearing is necessary. CRLMP 15103/2015 in Writ Petition (Crl) No.184 of 2014 stands closed.
