Bombay High Court
Virendrakumar Agarwal vs The State Of Maharashtra And Anr on 18 October, 2019
Author: A. M. Badar
Bench: A. M. Badar
903-REVN-76-2013.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.76 OF 2013
VIRENDRAKUMAR AGARWAL )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA & ANR. )...RESPONDENTS
WITH
CRIMINAL WRIT PETITION NO.3724 OF 2013
NARAYAN TIBREWAL )...PETITIONER
V/s.
DEPUTY SUPERINTENDENT OF POLICE )
AND ANOTHER )...RESPONDENTS
WITH
CRIMINAL WRIT PETITION NO.3841 OF 2013
AMIT TIBREWAL )...PETITIONER
V/s.
DEPUTY SUPERINTENDENT OF POLICE )
AND ANOTHER )...RESPONDENTS
Mr.Shirish Gupte a/w. Mr.N.D.George, Advocate for the Petitioner
in Writ Petition Nos.3724 of 2013 and 3841 of 2013.
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903-REVN-76-2013.doc
Mr.H.G.Dharmadhikari and Ms.Lalita Phadke, Advocate for the
Applicant in Revision Application No.76 of 2013.
Mr.A.R.Kapadnis, APP for the Respondent - State.
CORAM : A. M. BADAR, J.
DATE : 18th OCTOBER 2019 P.C. : 1 These three matters are put up before this court in
view of directions of The Hon'ble Chief Justice, reflected from the submission dated 16th October 2019. It is seen from perusal of past orders in all these matters that the interim orders are granted as the other side was seeking adjournment. It is seen that no reasoned order for granting interim stay is passed in any of these three matters.
2 Paragraph 36 of the judgment of the Hon'ble Apex Court in the matter of Asian Resurfacing of Road Agency Pvt. Ltd. And Another vs. Central Bureau of Investigation1 reads thus :
1 CDJ 2018 SC 328 avk 2/5 ::: Uploaded on - 18/10/2019 ::: Downloaded on - 19/10/2019 04:58:22 ::: 903-REVN-76-2013.doc "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 avk 3/5 ::: Uploaded on - 18/10/2019 ::: Downloaded on - 19/10/2019 04:58:22 ::: 903-REVN-76-2013.doc 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."
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903-REVN-76-2013.doc 3 In this view of the matter, at the request of the parties, stand over to 8th November 2019. It is clarified that from 8th November 2019 all these three matters shall be heard on day to day basis in view of the directions of the Hon'ble Apex Court.
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