The Supreme Court's ruling on the 'six months stay' mandate applies to all pending civil and criminal cases, emphasizing the need for expeditious disposal of cases and the adverse effects of court-granted stays on the administration of justice.

JUDGMENT :

(Jyotsna Sharma, J.)

1. Heard Sri Manish Singh, learned counsel for the petitioner and learned A.G.A. for the State.

2. This civil misc. petition under Article 227 of the Constitution of India has been filed by the petitioner-Chhote Lal Sharma with a prayer to stay the effect and operation of order dated 21.11.2022 passed by learned Chief Judicial Magistrate, Baghpat in Case No.4065 of 2014 "State vs. Chhote Lal Sharma), under sections-307, 302 and 34 I.P.C., Police Station- Kotwali Baghpat, District- Baghpat.

3. The relevant facts related to this petition are as below:-

(i) On the basis of an F.I.R. lodged by respondent no.2-Laxmi Chandra, being Case Crime No.44 of 2014, under sections-147, 148, 149, 302, 307/34 I.P.C., the matter was investigated and a charge-sheet was filed on 11.04.2014. Later on, investigation was handed over to CBCID vide order dated 05.05.2014.

(ii) As per contention of the petitioner, despite the stay order of the High Court passed in Criminal Misc. Writ Petition No.12096 of 2014, the CBCID filed a charge-sheet under sections-302, 307 read with section34 I.P.C.

(iii) The Chief Judicial Magistrate, Baghpat vide order dated 30.07.2014 took cognizance and issued non-bailable warrants and process under sections 82 and 83 Cr.P.C.

(iv) The aforesaid order of taking cognizance dated 30.07.2014 was challenged by filing an Application (under section 482 Cr.P.C.) No.30842 of 2014, in which the High Court passed an order on 08.08.2014 staying the effect and operation of the order dated 30.07.2014, which is as below:-

"Heard learned counsel for the applicant and leaned A.G.A. for the State.

The present application has been filed against the charge sheet filed by C.B.C.I.D. on 26.07.2014 C.B. No. 69 of 2014 in case Crime No. 44 of 2014, under Sections 302, 307, 34 I.P.C., P.S. Bagpat, District Bagpat pending before C.J.M., Bagpat.

It has been contended by learned counsel for the applicant that earlier a writ petition was filed before this Court being Criminal Misc. Writ Petition No. 12096 of 2014, in which an interim order was passed which reads as follows: "In the meantime as local police has already investigated the matter and has already submitted charge-sheet against Mahipal @ Goti and Pradeep @ Pappu and thereafter and it appears that ignoring the parameter that has been settled for effectuating transfer, the transfer order of investigation has been passed, this Court prima facie finds that in order to favour accused persons such an order has been passed, in view of this, till the next date of listing, operation of the order dated 05.05.2014 to be kept in abeyance and no further action be taken pursuant thereto and the earlier Investigating Agency would be free to proceed the matter."

Learned counsel for the applicant submits that in spite of very specific order passed by this Court, the C.B.C.I.D. filed a charge sheet on the basis of which cognizance has been taken on 30.07.2014 against the applicant and NBW and proceedings under Sections 82/83 Cr.P.C. have been initiated.

In view of very specific order passed by this Court in the writ petition, mentioned above, this Court has been left with no option but to stay the effect and operation of the impugned order dated 30.07.2014.

Three weeks time is granted to opposite party no. 2 as well as learned A.G.A. to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.

List this case on 15.09.2014.

Till then, the effect and operation of order dated 30.07.2014 shall remain stayed."

(v) The Court of Chief Judicial Magistrate, Baghpat, applying the judgement of Supreme Court in Asian Resurfacing of Road Agency Pvt. Ltd. vs. Central Bureau of Investigation, decided on 28.03.2018 in Criminal Appeal Nos.1375-1376 of 2013 proceeded with the case and passed an order in the light of the above judgment on 21.11.2022, which is as below:-

^^i=koyh is'k gqbZA izLrqr okn dh dk;Zokgh ekΠmPp U;k;ky; ds vkns'kkuqlkj dbZ o"kksZ ls LFkfxr py ugh gS