HARI SHANKAR DINANATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY our judgment dated 15. 9. 1952 we dismissed the two applications under Article 228 of the Constitution, challenging the constitutionality of certain provisions of the Essential Supplies (Temporary Powers) Act, 1946. As a necessary consequence of the dismissal of those applications, we observed that the prosecutions must proceed. At the instance of the petitioners, we certified that the cases involved substantial questions of, law regarding the interpretation of the Constitution of India and were fit for appeal to the Supreme Court.

(2.) THE application in this case and Miscellaneous Criminal Case No. 89 of 1952 have been made for the stay of the criminal proceeding now pending in the Court of the trying Magistrate at Hoshangabad. The question is whether we have the power to order the stay of proceedings in the Court below. This order will govern both the Miscellaneous Criminal Cases Nos. 88 and 89 of 1952.

(3.) IT should be noted that no appeal has yet been filed in the Supreme Court, and that this Court has become 'functus officio' after our judgment referred to above. It has therefore been argued by the learned Additional Government Pleader that there are no proceedings pending in this Court, that there is no appeal pending in the Supreme Court, and that therefore this Court has no power to grant the applications for stay of further proceedings in the criminal Court. It has also been contended by him that the obvious remedy available to the petitioners is to file their appeals in the Supreme Court as early as practicable and to obtain an order of stay from that Court.