BIMALENDU GHOSH DASTIDAR Vs. STATE

JUDGEMENT

(1.) The present petition under Sec. 482 of the Code of Criminal Procedure, 1973 ('CrPC') challenges the judgment dtd. 27/9/2013 passed by learned Additional Sessions Judge-04 and Special Judge (NDPS), SouthEast, Saket in CR No. 59/2012 and 61/2012, whereby the proceedings pending in the Court of learned Chief Metropolitan Magistrate, South-East, Saket, arising out of FIR No. 171/2006 under Ss. 420/467/468/471/120B of the Indian Penal Code, 1860 ('IPC'), registered at P.S. C.R. Park (investigated by Crime Branch, EOW) were stayed till the conclusion of proceedings in Probate Case No. 90 of 2003; 386/06 pending before the Court of learned Additional District Judge, Central, Tis Hazari, Delhi.

(2.) The facts necessary for adjudication of the present petition are as under:

(3.) Learned counsel for the petitioner submitted that the learned ASJ has committed a grave error and illegality by exceeding his jurisdiction and superseding order dtd. 17/3/2010 passed by a learned Single Judge of this Court in CRL.MC 837/2010, wherein it was recorded that 'Appropriate course for the petitioner would be :o get the Probate proceedings expedited, rather than to get the criminal proceedings stalled or postponed.'. It was submitted that despite the specific orders by this Court, the learned ASJ passed the impugned judgment. Learned counsel for the petitioner placed reliance on Iqbal Singh Marwah and Anr. v. Meenakshi Marwah and Anr., (2005) 4 SCC 370, wherein it was held as under: