LAWS(ALL)-2023-11-74

CHANDRAPAL SINGH Vs. STATE OF U. P.

Decided On November 03, 2023
CHANDRAPAL SINGH Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) The judgment is being structured in the following conceptual framework to facilitate the discussion:

(2.) An interim order was granted by this Court on 25/7/2019 in favour of the applicant in application under Sec. 482 Cr.P.C No. 28574 of 2019 (Chandrapal Singh Vs State of U.P. and another) staying the criminal trial. The informant did not file a counter affidavit nor did he enter appearance through counsels in the aforesaid proceedings before this Court. The State Government too did not file a counter affidavit in the said case.

(3.) The matter was listed on several occasions but could not be taken up for hearing due to paucity of time and large docket size of the Court. The first informant moved the learned trial court on the footing that the stay order granted by this Court stood vacated by operation of the judgment of the Supreme Court in Asian Resurfacing of Road Agency Private Limited and Another Vs Central Bureau of Investigation,2018 (16) SCC 299. The trial court commenced the criminal trial proceedings in compliance of the directions in Asian Resurfacing (supra). Non bailable warrants were issued against the applicant by the trial court, leading to his arrest. He was granted bail subsequently by this Court.