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2017 Supreme(SC) 2

T. S. THAKUR, D. Y. CHANDRACHUD, L. NAGESWARA RAO
IMTIYAZ AHMAD – Appellant
Versus
STATE OF U. P. – Respondent


JUDGMENT

Dr. D.Y. CHANDRACHUD, J.

These Appeals arise from a batch of interlocutory orders of the Allahabad High Court in a criminal writ petition (1786 of 2003). On 9 April 2003 a learned Single Judge of the High Court admitted a writ petition filed by the second and third respondents and stayed an order dated 7 December 2002 of the Additional Chief Judicial Magistrate, Gautam Budh Nagar, directing the registration of a case against them. The case was adjourned before the High Court on several dates on which it was listed. As a result of the adjournments, on the date of the institution of the Special Leave Petitions, the writ petition was pending in the High Court for six years.

2. This Court was concerned with the pendency of similar cases before the High Courts, where proceedings were stayed at the stage of the registration of an FIR, investigation, framing of charges or during trial, in exercise of the power conferred by Article 226 of the Constitution or Sections 397/482 of Code of Criminal Procedure,1973. Hence this Court, by an order dated 8 January 2010 called for repor


























































































































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