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2019 Supreme(SC) 2364

SUPREME COURT OF INDIA
N.V. RAMANA, MOHAN M. SHANTANAGOUDAR, S. ABDUL NAZEER, JJ.
VINUBHAI HARIBHAI MALAVIYA & ORS. - Appellants
VERSUS
THE STATE OF GUJARAT & ANR. - Respondents
Criminal Appeal Nos.478-479/2017
Decided on : 24-04-2019

Advocates Appeared:
For the Appellants : Mr. Dushyant R. Dave, Sr. Adv., Ms. Minakshi Arora, Sr. Adv., Mr. Nachiketa Joshi, AOR , Mr. Aniket Seth, Adv., Mr. Mohd. Asad Khan, Adv., Ms. Sucheta Joshi, Adv., Mr. Nimish Kapadia, Adv.
For the Respondents: Mr. R.K. Singh, Adv., Mr. Neeraj Singh, Adv., Mr. Kumar Gaurav, Adv., Mr. B.N. Dubey, Adv., Ms. Ritu Reniwal, Adv., Mr. Ashok Mishra, Adv., Mr. J.N. Patel, Adv., Mr. Ram Kumar, Adv., Ms. Prashi Tyagi, Adv., Mr. Rahul Kr. Tripathi, Adv., Mr. Aakarsh Kamra, Adv., Mr. Sunil Kumar Verma, AOR, Mr. D.N. Ray, Adv., Ms. Hemantika Wahi, AOR, Ms. Puja Singh, Adv.

The court has the discretion to tag related matters and order a stay of trial pending the next hearing.

Headnote:

Tagging of Criminal Appeal with Special Leave Petition - Stay of Trial

Fact of the Case:

The State of Gujarat requested the tagging of Criminal Appeal Nos.478-479 of 2017 with Special Leave Petition (Crl.) No.3806 of 2018, and the court granted the request, ordering a stay of trial until the matters are listed for hearing.

Finding of the Court:

The court found it appropriate to tag the mentioned criminal appeals with the special leave petition and ordered a stay of trial until the next hearing.

Issues:

Ratio Decidendi: The court exercised its discretion to tag related matters and ordered a stay of trial pending the next hearing.

Final Decision: The court ordered the tagging of Criminal Appeal Nos.478-479 of 2017 with Special Leave Petition (Crl.) No.3806 of 2018 and granted a stay of trial until the matters are listed for the next hearing.

Judgement Key Points

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ORDER :

1. Mr. D.N. Ray, learned counsel appearing on behalf of the State of Gujarat placed on record copies of two Record of Proceedings (Special Leave Petition (Crl.) No.3806 of 2018) dated 7-5-2018 and 9-4-2019 and states that the instant matters may be tagged along with the afore-mentioned matter.

2. In view of the above, let the Criminal Appeal Nos.478-479 of 2017 be tagged along with Special Leave Petition (Crl.) No.3806 of 2018.

3. List the matters on Tuesday, the 6th August, 2019 as part-hard. Till such time, there shall be stay of trial.

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