web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Asian Resurfacing of Road Agency and Anr Vs CBI

Posted on February 16, 2020 by ShadesOfKnife

In this Landmark judgment, 3-judge bench held as follows,

35. In view of above, situation of proceedings remaining pending for long on account of stay needs to be remedied. Remedy is required not only for corruption cases but for all civil and criminal cases where on account of stay, civil and criminal proceedings are held up. At times, proceedings are adjourned sine die on account of stay. Even after stay is vacated, intimation is not received and proceedings are not taken up. In an attempt to remedy this, situation, we consider it appropriate to direct that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended. In cases where stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order. 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.
36. Thus, we declare the law to be that order framing charge is not purely an interlocutory order nor a final order. Jurisdiction of the High Court is not barred irrespective of the label of a petition, be it under Sections 397 or 482 Cr.P.C. or Article 227 of the Constitution. However, the said jurisdiction is to be exercised consistent with the legislative policy to ensure expeditious disposal of a trial without the same being in any manner hampered. Thus considered, the challenge to an order of charge should be entertained in a rarest of rare case only to correct a patent error of jurisdiction and not to re-appreciate the matter. Even where such challenge is entertained and stay is granted, the matter must be decided on day-to-day basis so that stay does not operate for an unduly long period. Though no mandatory time limit may be fixed, the decision may not exceed two-three months normally. If it remains pending longer, duration of stay should not exceed six months, unless extension is granted by a specific speaking order, as already indicated. Mandate of speedy justice applies to the PC Act cases as well as other cases where at trial stage proceedings are stayed by the higher court i.e. the High Court or a court below the High Court, as the case may be. In all pending matters before the High Courts or other courts relating to PC Act or all other civil or criminal cases, where stay of proceedings in a pending trial is operating, stay will automatically lapse after six months from today unless extended by a speaking order on above parameters. Same course may also be adopted by civil and criminal appellate/revisional courts under the jurisdiction of the High Courts. The trial courts may, on expiry of above period, resume the proceedings without waiting for any other intimation unless express order extending stay is produced.
37. The High Courts may also issue instructions to this effect and monitor the same so that civil or criminal proceedings do not remain pending for unduly period at the trial stage.

R.F. Nariman concurs and holds,

5. On a reference made to a 2-Judge Bench in the Delhi High Court, the learned Chief Justice framed, what he described as, “three facets which emanate for consideration”, as follows:
“(a) Whether an order framing charge under the 1988 Act would be treated as an interlocutory order thereby barring the exercise of revisional power of this Court?
(b) Whether the language employed in Section 19 of the 1988 Act which bars the revision would also bar the exercise of power under Section 482 of the Cr.P.C. for all purposes?
(c) Whether the order framing charge can be assailed under Article 227 of the Constitution of India?”
Answers given to the “three facets” are in paragraph 33 as follows:
“33. In view of our aforesaid discussion, we proceed to answer the reference on following terms:
(a) An order framing charge under the Prevention of Corruption Act, 1988 is an interlocutory order.
(b) As Section 19(3)(c) clearly bars revision against an interlocutory order and framing of charge being an interlocutory order a revision will not be
maintainable.
(c) A petition under Section 482 of the Code of Criminal Procedure and a writ petition preferred under Article 227 of the Constitution of India are
maintainable.
(d) Even if a petition under Section 482 of the Code of Criminal Procedure or a writ petition under Article 227 of the Constitution of India is entertained by the High Court under no circumstances an order of stay should be passed regard being had to the prohibition contained in Section 19(3)(c) of the 1988 Act.
(e) The exercise of power either under Section 482 of the Code of Criminal Procedure or under Article 227 of the Constitution of India should be sparingly and in exceptional circumstances be exercised keeping in view the law laid down in Siya Ram Singh (supra), Vishesh Kumar (supra), Khalil
Ahmed Bashir Ahmed (supra), Kamal Nath & Others (supra) Ranjeet Singh (supra) and similar line of decisions in the field.
(f) It is settled law that jurisdiction under Section 482 of the Code of Criminal Procedure or under Article 227 of the Constitution of India cannot
be exercised as a “cloak of an appeal in disguise” or to re- appreciate evidence. The aforesaid proceedings should be used sparingly with great
care, caution, circumspection and only to prevent grave miscarriage of justice.”

Asian Resurfacing of Road Agency and Anr Vs CBI on 28 March 2018

Another 3-judge bench, again in Oct 2020, had to reiterate the position on the 6-months limit imposed by Supreme Courts, on all stays granted in Civil and Criminal Cases.

Asian Resurfacing of Road Agency and Anr Vs CBI on 15 Oct 2020

Another 2-judge bench clarified that the automatic vacation of 6-months stay only applies to civil and criminal matters only but not to writ petitions.

Asian Resurfacing of Road Agency and Anr Vs CBI on 25 Apr 2022 (Clarification regd Writs)

Citations: [2018 ILR KER 2 79], [2018 KHC 2 380], [2018 RCR CRIMINAL 2 415], [2018 SCALE 5 269],

Other Source links: https://indiankanoon.org/doc/172610348/ or https://www.casemine.com/judgement/in/5abbcd474a93267cfe9ebef0


Earlier Delhi High Court order (by Shiv Narayan Dhingra ji):

https://www.casemine.com/judgement/in/58117f222713e179478f3bf5

Post Views: 246

Shades of Knife


Legal Disclaimer:

The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state. Take this ideas to your legal Counsel and work out your remedies.

Judgments curated, reproduced from sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other similar Indian High Court and District Court Websites such as ecourts.gov.in, dcourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can mask/redact content (like names of parties from cause title) from the Judgments posted on my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express direction from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal Partner team aspires to deliver time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in (We are live!!!)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Article 226 - Power of High Courts to issue certain writs Article 227 - Power of superintendence over all courts by the High Court Asian Resurfacing of Road Agency and Anr Vs CBI Catena of Landmark Judgments Referred/Cited to CrPC 397/399 - Revision CrPC 397/401 - Revision Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
andhranexus Andhra Nexus @andhranexus ·
15 Jul

The first batch of EV buses has arrived at the Steel Plant Depot. Another 20 buses will be added to the APSRTC fleet by next week.
#Visakhapatnam #Vizag

Reply on Twitter 2077378117358985308 Retweet on Twitter 2077378117358985308 41 Like on Twitter 2077378117358985308 391 X 2077378117358985308
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
republic Republic @republic ·
15 Jul

SUPER EXCLUSIVE | China Link to CJP? Controversy Erupts Over senior Left Leaders' Meeting With Chinese Envoy At Jantar Mantar

Tune in to LIVE TV for fastest #BREAKING alerts - https://www.youtube.com/watch?v=yGHj8ID_Skc

#RepublicWorld #RepublicTV #RepublicExclusive #RepublicDigital

Reply on Twitter 2077320506286727389 Retweet on Twitter 2077320506286727389 98 Like on Twitter 2077320506286727389 278 X 2077320506286727389
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
tweets_tinku Tinku Venkatesh | ಟಿಂಕು ವೆಂಕಟೇಶ್ @tweets_tinku ·
15 Jul

A must watch

“There is an attempt to make Tipu Sultan a national hero, I don’t know why”

Tipu Sultan unleashed destruction in the Malabar region & wanted higher-caste women to be converted or killed

Atrocities of Tipu Sultan by HH Aswathy Thirunal Gowri Lakshmi Bayi of

Reply on Twitter 2077219338403066048 Retweet on Twitter 2077219338403066048 453 Like on Twitter 2077219338403066048 853 X 2077219338403066048
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
modernxdad Modern Dad @modernxdad ·
15 Jul

He beat them with their own logic‼️

Reply on Twitter 2077308938689855859 Retweet on Twitter 2077308938689855859 297 Like on Twitter 2077308938689855859 3133 X 2077308938689855859
Load More

Recent Posts

  • Vikram Kumar Jha Vs State (Govt of NCT of Delhi) and Anr on 10 Jul 2026 July 16, 2026
  • Prahlad Singh Bhati Vs N.C.T. Delhi and Anr on 23 Mar 2001 July 12, 2026
  • Application for Day-to-Day Trial – Format, Procedure & Sample Draft July 8, 2026
  • Pooja Ramesh Singh Vs JnK Bank and Anr on 02 Jul 2026 July 8, 2026
  • A.S.S.K.Durga Prasad Vs NCDRC and Ors on 24 Jun 2026 July 7, 2026

Most Read Posts

  • Reply to Section 41A CrPC Notice – Format with Legal Explanation (5,066 views)
  • Anu Aggarwal Vs Sushant Aggarwal on 20 Jan 2026 (3,625 views)
  • Umme Farva Vs State of U.P. and Anr on 14 Jan 2026 (3,561 views)
  • Charge Sheet and Final Report Explained (3,031 views)
  • Regular Bail Application Format (Section 437/439 CrPC) (2,408 views)
  • Neha Lal Vs Abhishek Kumar on 20 Jan 2026 (2,173 views)
  • Arrest Procedure in 498A cases after Arnesh Kumar (2,072 views)
  • Discharge Application Format in 498A Case – Draft, Procedure & Sample Template (1,952 views)
  • Can You Travel Abroad After an FIR Is Registered? – Legal Position Explained (1,895 views)
  • Life Cycle of a Perjury Case (1,842 views)

Tags

Reportable Judgement or Order (436)2-Judge (Division) Bench Decision (422)Legal Procedure Explained - Interpretation of Statutes (386)Landmark Case (383)1-Judge Bench Decision (367)Catena of Landmark Judgments Referred/Cited to (297)Work-In-Progress Article (215)3-Judge (Full) Bench Decision (101)Sandeep Pamarati (91)Article 21 - Protection of life and personal liberty (80)Issued or Recommended Guidelines or Directions or Protocols to be followed (71)Perjury Under 340 CrPC (66)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (62)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (47)CrPC 482 - Quash (44)HM Act Sec 13 - Divorce Granted to Husband (42)Divorce Granted on Cruelty ground (42)Legal Terrorism (41)Abuse Or Misuse of Process of Court (41)

Categories

Supreme Court of India Judgment or Order or Notification (758)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (329)High Court of Andhra Pradesh Judgment or Order or Notification (187)High Court of Delhi Judgment or Order or Notification (165)High Court of Bombay Judgment or Order or Notification (112)High Court of Karnataka Judgment or Order or Notification (95)Legal Procedure (83)High Court of Madras Judgment or Order or Notification (71)High Court of Allahabad Judgment or Order or Notification (62)LLB Study Material (59)General Study Material (56)High Court of Punjab & Haryana Judgment or Order or Notification (53)Assorted Court Judgments or Orders or Notifications (51)High Court of Kerala Judgment or Order or Notification (47)Judicial Activism (for Public Benefit) (47)Prakasam DV Cases (46)District or Sessions or Magistrate Court Judgment or Order or Notification (44)High Court of Madhya Pradesh Judgment or Order or Notification (38)High Court of Gujarat Judgment or Order or Notification (28)High Court of Telangana Judgment or Order or Notification (28)

Recent Comments

  • eCourts India on Compromise-Based Quashing in Matrimonial Cases – Complete Legal Strategy
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • ShadesOfKnife on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)
  • KONURU VINAYKUMAR on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)

Archives of SoK

  • July 2026 (14)
  • June 2026 (19)
  • May 2026 (24)
  • April 2026 (33)
  • March 2026 (42)
  • February 2026 (30)
  • January 2026 (21)
  • December 2025 (2)
  • November 2025 (3)
  • October 2025 (17)
  • September 2025 (12)
  • August 2025 (5)
  • July 2025 (10)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • BCN (Barcelona) on 2026-07-27 July 27, 2026
    THIS IS A SCHEDULED EVENT Jul 27, 03:30 - 12:30 UTC Jul 16, 10:15 UTC Scheduled - We will be performing scheduled maintenance in BCN (Barcelona) datacenter on 2026-07-27 between 03:30 and 12:30 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]
    Cloudflare

RSS List of Spam Server IPs from Project Honeypot

  • 188.95.67.225 | S July 17, 2026
    Event: Bad Event | Total: 147 | First: 2025-03-29 | Last: 2026-07-17
Owned and Operated by Advocate Sandeep Pamarati and Advocate Suprajaa Rajan
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 959 access attempts in the last 7 days.

pixel