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2020 Supreme(SC) 601

K. M. JOSEPH, NAVIN SINHA, ROHINTON FALI NARIMAN
ASIAN RESURFACING OF ROAD AGENCY PVT. LTD. – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent


Advocates Appeared:
For the Petitioner(s):Dilip Annasaheb Taur, Advocate
For the Respondent(s):S.V. Raju, Binu Tamta, Rukhmini Bobde, V.V.V. Pattabhiram, Arvind Kumar Sharma, Advocates

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. & Anr. vs. 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 H


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