This Week Supreme Court came across a case, where the Magistrate refused to conduct trial, as there was Stay Order of High Court.
In the case of Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. Vs Central Bureau of Investigation, Supreme has held that all all stay orders granted on civil or criminal proceeding shall lapse after six months, if not extended for any good reason.
Supreme Court has reminded all the Magistrates of the Country that under Judicial Pyramidical Structure of Constitution, Supreme Court of India is at the top. Court further said that the High Courts through not administratively subordinate but are certainly judicially subordinate.
The Bench observed that this kind of order from Magistrate flies on the face of the direction issued in the case of Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. Vs Central Bureau of Investigation.
Considering above the Supreme Court has set aside the order dated 04.12.2019. Court has further directed Additional Chief Judicial Magistrate, Pune to set down the case for hearing immediately.
Title:Asian Resurfacing of Road Agency Pvt. Ltd. & Anr. vs. Central Bureau of Investigation
Case No. MA 1577 of 2020
Coram: Hon’ble Justice R.F. Nariman, Justice Navin Sinha and Justice K.M. Jospeh
Date of Order: 15.10.2020