SHIBAMOY DUTTA Vs. STATE OF BIHAR & ORS

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners as well as learned counsels representing respondents. Because of the fact that petitioners of all the three petitions are Directors/ Employees of Rose Valley Hotels and Entertainment Limited asking for same relief relating to quashing of their prosecution under Gardanibagh P. S. Case no.141 of 2013, hence heard together and are being disposed of by this common order.

(2.) AT an earlier occasion vide order dated 04.07.2013, coercive steps against petitioners was forbidden and since thereafter, there happens to be dilly delaying tactics and for that petitioners were warned vide order dated 22.08.2013. The subsequent order sheets further show at the instance of petitioners, adjournments were being granted and then, lastly keeping the direction given by the Hon'ble Apex Court in Imtiyaz Ahmad v. State of Uttar Pradesh and others, 2012 2 SCC 688 stay was withdrawn. For proper appreciation para -55 is incorporated below: -

(3.) AGAINST the aforesaid order, petitioners have preferred SLP (Cri.) No.950 of 2014 before the Hon'ble Apex Court wherein on 04.07.2013, apart from noticing the respective parties, it has been ordered, "in the meanwhile, there shall be an interim order not to take any coercive steps against the petitioners in pursuance to the impugned interim order. However, the petitioners shall not alienate or create encumbrance on the assets of the company i.e. Rose Valley Hotels Entertainment Limited as well as on the assets of the petitioners". As the hearing of these petitions have not been stayed directly or impliedly, on account thereof, matter has been heard and is being disposed of.