JIMMY SUBAWALLA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Prayer in this petition is for quashing of FIR No.RCCHG2014A0021 dated 09.12.2014 under Section 120-B of the Indian Penal Code (for short 'IPC') read with Section 420 IPC and Section 13 (2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short 'PC Act'), registered at ACB, CBI, Chandigarh as well as report under Section 173 Cr.P.C. dated 10.10.2016 and further proceedings pending before Special Judge, CBI, Chandigarh, being misuse of process of law.

(2.) It is worth noticing that at the stage, when the case before the trial Court/Special Judge, CBI was fixed for framing of charge, this petition was filed in the year 2016 and on 06.12.2016, it was directed that charge be not framed. Interim order is continuing, as the arguments are not advanced on behalf of the petitioners.

(3.) The Special Judge, CBI, Chandigarh, vide request letter dated 16.02.2021, has sought permission for resuming the trial process in view of judgment of the Hon'ble Supreme Court in Asian Resurfacing of Road Agency Pvt. Ltd. and anr. Vs. CBI , 2018 2 RCR(Cri) 415, wherein it is held that the cases, which are at trial stage and proceedings are stayed by the higher Court, after a lapse of six months, said order will automatically be lapsed, unless it is extended by a speaking order and the trial Court may, on expiry of aforesaid period, resumed the proceedings.