LAWS(HPH)-2024-7-15

BIDHI CHAND Vs. STATE OF H.P.

Decided On July 10, 2024
BIDHI CHAND Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) It was submitted that this Court returned the record on 10/11/2023 and now the matter has been decided by the learned trial Court which is impermissible because the Court had ordered on 4/2/2020 that the further proceedings pending before the learned trial Court shall remain stayed. The order was not vacated and the learned trial Court was incompetent to proceed with the matter; hence, it was prayed that the final order passed by the learned trial Court be set aside and the petition be heard on merits.

(2.) Mr. Prashant Sen, learned Deputy Advocate General for respondent No.1-State submitted that the final order has not been challenged and this plea will be available to the petitioner in the further proceedings initiated against the final order. The jurisdiction under Sec. 482 of Cr.PC is extraordinary and should not be exercised in the present situation. Hence, he prayed that the present petition be dismissed.

(3.) Mr. Bhairav Gupta, learned counsel for respondents No.2 to 8 supported the submissions of learned counsel for the petitioner.