Nisha vs State of U. P. - 2021 Supreme(All) 1169

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(All) 1169

SANJAY KUMAR SINGH
Nisha – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Anurag Pathak.
For the Respondent: Jitendra Kumar Shishodia.

JUDGMENT :

SANJAY KUMAR SINGH, J.

1. Heard learned counsel for the parties and perused the record.

2. The instant application dated 27.11.2021 has been moved seeking extension of interim stay order dated 18.12.2012, which was not extended further after 12.4.2019.

3. It is submitted by the learned counsel for the applicants that vide order dated 18.12.2012 further proceedings of Complaint Case No. 77 of 2012, under Sections 323, 504, 506, 403 I.P.C. pending before the Civil Judge (J.D.)/J.M. Deoband, Saharanpur was stayed till the next date of listing with a direction to list the case after eight weeks before the appropriate Bench, but the trial court under the garb of judgment of the Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and Another vs. Central Bureau of Investigation, (2018) 16 SCC 299 has proceeded in the matter. Much emphasis has been given by contending that the aforesaid judgment of the Apex Court in the case of Asian Resurfacing of Road Agency Pvt. Ltd. and Another (supra) has been over ruled by the subsequent judgment of the Apex Court in the case of Fazalullah Khan vs. M. Akbar Contractor (D) by LRs. and Others, 2019 (8) ADJ 615 (SC), therefore, t