IMPORTANT POINT
Courts must verify the existence of stay orders before adjourning cases to prevent undue delays in the judicial process.

ORDER :

1. This Criminal Miscellaneous Case is filed to quash the proceedings in C.C. No. 87/2017 on the file of the Chief Judicial Magistrate Court, Thrissur.

2. I am sitting in the jurisdiction of the final hearing of Writ Petitions and Criminal Miscellaneous Cases from January 2024 onwards. There is a general tendency from the trial courts and other tribunals to adjourn cases if there is a submission to the effect that there is a stay order from the High Court. If there is such a submission, even without getting a copy of the stay order or an affidavit from the parties to that effect, the courts and tribunals are adjourning the matter recording that the matter is stayed by the High Court. I have come across several such cases in which the presiding officers of courts and tribunals are adjourning cases for years based on oral submission that, there is stay from the High Court, when no such orders are passed by this Court. With technological advancements, anybody can check the status of the High Court cases by simply browsing the High Court website. But without doing the same, the courts, tribunal and other judicial forums are adjourning the matter, relying only on the submissions of the counsel/parties that the case is stayed by this Court, when no such orders are passed by this Court. This Criminal Miscellaneous is a classic example to show the same.

3. This Crl. M.C. was filed on 16.08.2017. When this Crl. M.C. came up for consideration on 17.08.2017, this Court passed the following order:

“Admit.

Issue notice to the 2nd respondent. The petitioners shall not be arrested.”

4. Thereafter, when the matter came up for consideration on 03.11.2017, the petitioners sought adjournment for taking steps. Thereafter the case was listed before this Court only on 30.07.2024. On that day this Court passed the following order:

“Petitioners will take steps to issue notice to the 2nd respondent.

The Registry will get a report from the Chief Judicial Magistrate Court, Thrissur and find out why in the e-court it is stated that the case is stayed. This Court only passed an order “not to arrest the petitioners.”

If there is no other stay from any other proceedings, the learned Magistrate will proceed with the case.

Post along with the report on 29.08.2024.”

5. Now the learned Magistrate submitted a report on 14.08.2024. The relevant portion of the above report is extracted hereunder:

“In obedience to the reference cited, I most humbly submit this report for kind consideration.

I have joined this office only on 04-06-2024. The case in question was first dealt by me on 11-07- 2024 and on that day, it was submitted by the parties that the matter is stayed by the Hon'ble High Court. On going through the proceedings sheet, it is seen that it was reported by the parties that matter was stayed. Since, I couldn't find any such order in the file, the case was posted for production of such order or orders if any. But, on 27-07-2024, parties prayed time to produce order.”

6. The learned Magistrate observed that she took charge in the court on 04.06.2024 and she dealt with the case only on 11.07.2024. On that day, the parties submitted that the case is stayed by the High Court. The learned Magistrate perused the proceeding sheet and thereafter, the above report was prepared. In the report it is stated that the parties submitted before the court that the matter is stayed. But the learned Magistrate clearly stated that, no such order was there in the file. Even then the case was adjourned stating that the matter is stayed. Now seven years elapsed. For the last seven years, the trial court adjourned the case stating that the matter is stayed by this Court based on the submissions of the parties, when there is absolutely no stay order passed by this Court. This cannot be allowed to continue. I have seen several such cases in which there will not be any stay order from this Court and even then the trial court records the submission of the parties and adjourns the matter sta