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Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders
Debby Jain
5 Dec 2024 9:56 AM IST
The Supreme Court recently stayed criminal trial against an accused, taking into account his grievance that the High Court reserved judgment on his plea for quashing but did not deliver the same despite lapse of 14 months since the orders were reserved."We do not know the exact reason as to why the learned Judge of the High Court, despite lapse of 14 (fourteen) months since judgment was...
The Supreme Court recently stayed criminal trial against an accused, taking into account his grievance that the High Court reserved judgment on his plea for quashing but did not deliver the same despite lapse of 14 months since the orders were reserved.
"We do not know the exact reason as to why the learned Judge of the High Court, despite lapse of 14 (fourteen) months since judgment was reserved, could not deliver the judgment and dispose of the petition one way or the other...we request the roster bench of the High Court to dispose of the petition in accordance with law as early as possible, preferably within three months from date upon hearing all the parties", said a bench of Justices Dipankar Datta and Sandeep Mehta.
The stay is to operate till the time the matter is considered next by the High Court. Following the same, the petitioner would be at liberty to seek extension of stay in the trial proceedings until the matter is decided (by the High Court) on merits.
The petitioner approached the Supreme Court claiming that a civil dispute was given the color of a criminal offence and proceedings launched against him based on the complaint of respondent no.2. Initially, he had moved the High Court challenging the criminal proceedings and on 28 March, 2023, judgment was reserved in the matter. However, fourteen months later (on 27 May, 2024), the High Court de-reserved judgment and directed listing of the petition before an appropriate Bench.
The petitioner was aggrieved as in the absence of any order of stay passed by the High Court, the proceedings against him continued and reached the stage of framing of charges - thereby effectively rendering the petition before the High Court infructuous.
In this backdrop, without commenting on High Court's keeping of a judgment reserved for 14 months and then eventually not delivering it, the Supreme Court requested the High Court to dispose of the petition as early as possible and preferably within 3 months.
Case Title: RAMDULAR SINGH VERSUS STATE OF U.P. & ANR., SLP(Crl) No.11919/2024
Related- If Judgment Is Not Delivered Within 6 Months After Reserving, Case Should Be Assigned To Another Bench For Fresh Hearing : Supreme Court To HC