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2022 Supreme(P&H) 674

ARVIND SINGH SANGWAN
Court On Its Own Motion – Appellant
Versus
Yogesh Chaudhary, Chief Judicial Magistrate, Rewari – Respondent


Advocates:
Ms. Supriya Garg, Advocate for the respondent., , for the Appellant For the Respondent

JUDGMENT

Arvind Singh Sangwan J. - Vide this order, a reference made by this Court on its own motion, is decided.

2. Brief facts of the case are that on 19.02.2016, this Court while deciding CRM-M No.32467 of 2015 and CRR No.3410 of 2015, arising out of FIR No.143 dated 14.05.2007 registered under Sections 420, 448, 380 IPC, at Police Station City Rewari against one Purshottam Dass Soni, by his own mother Rawati Devi, has made the following observations:-

    'Thus, the sole question that comes up before this court in these petitions is whether the learned Courts below in their spirit of dispensation of justice have exceeded their jurisdiction quite in oblivion to the said orders passed by this Court and the likely result of such an intentional lapse on the part of the presiding Officer of the trial Court. The general principle is that once a stay order has been passed should be deemed to take effect as soon as it is passed irrespective whether it is communicated or not. Since such order of stay both in CRM Nos. 5961 and 5962 of 2014 were meant for the Court, wherein no one else is involved in for obeyance being served immediately and becomes effective without even communication to the Co

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