ASIAN RESURFACING OF ROAD AGENCY PVT. LTD. & ANR. Vs CBI on 28 March 2018 : SC CRIMINAL APPEAL NOS. 1375-1376 OF 2013
That order framing charge is not purely an interlocutory order nor a final order. The exercise of powers of the High Court is not barred under Sections 397 or 482 Cr.P.C. or Article 227 of the Constitution but must be exercised inconsistently with the legislative policy to ensure expeditious disposal of a trial without the same being in any manner hampered. Thus considered, the challenge to an order of charge should be entertained in a rarest of the rare case only to correct a patent error of jurisdiction and not to reappreciate the matter.
Even where such a challenge is entertained and stay is granted, the matter must be decided on a day-to-day basis so that stay does not operate for an unduly long period. Though no mandatory time limit may be fixed, the decision may not exceed two-three months normally. If it remains pending longer, the duration of stay should not exceed six months, unless an extension is granted by a specific speaking order, as already indicated.
In all pending matters before the High Courts or other courts relating to the PC Act or all other civil or criminal cases, where a stay of proceedings in a pending trial is operating, stay will automatically lapse after six months from today unless extended by a speaking order on the above parameters. The same course may also be adopted by civil and criminal appellate/revisional courts under the jurisdiction of the High Courts. The trial courts may, on expiry of the above period, resume the proceedings without waiting for any other intimation unless express order extending stay is produced.
