SANJAY KISHAN KAUL, K.M.JOSEPH
FAZALULLAH KHAN – Appellant
Versus
M. AKBAR CONTRACTOR (D) BY LRS. – Respondent
ORDER
1. This Court in terms of the judgment in Asian Resurfacing of Road Agency Private Limited and Anr. vs. Central Bureau of Investigation 2018 (16) SCC 299 while dealing with the issue of speedy trial in criminal cases observed in para 34 as under:
“If contrary to the above law, at the stage of charge, the High Court adopts the approach of weighing probabilities and re-appreciating the material, it may be certainly a time consuming exercise. The legislative policy of expeditious final disposal of the trial is thus, hampered. Thus, even while reiterating the view that there is no bar to jurisdiction of the High Court to consider a challenge against an order of framing charge in exceptional situation for correcting a patent error of lack of jurisdiction, exercise of such jurisdiction has to be limited to rarest of rare cases. Even if a challenge to order framing charge is entertained, decision of such a petition should not be delayed. Though no mandatory time-limit can be fixed, normally it should not exceed two-three months. If stay is granted, it should not normally be unconditional or of indefinite duration. Appropriate conditions may be imposed so that the party in whose favour
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