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Satya Madhusudhana Rao
Asked March 20, 2019

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When, criminal trial proceedings of lower court are stayed by single bench supreme court order, does such single bench stay order of supreme court without any extension of stay by speaking order automatically gets vacated on expiry of six months or not? - In view of the Supreme Court 3 judge’s ruling ---- in Asian resurfacing of road agency pvt ltd & anr vs. Central bureau of investigation decidec on 28-3-2018.

Answer 1

Breaking: Stay In Civil/Criminal Proceedings Not To Be Granted Beyond Six Months; Further Extension Only By Speaking Order: SC [Read Judgment]... REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1375-1376 OF 2013 ASIAN RESURFACING OF ROAD AGENCY PVT. LTD. & ANR. …Appellants VERSUS CENTRAL BURUEAU OF INVESTIVATION …Respondent

 

The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized. The trial Court where order of stay of civil or criminal proceedings is produced may fix a date not beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced, the Bench said.  

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