Supreme court: Trial of Civil / criminal cases can not be stayed for more than six months

 In view of above, situation of proceedings remaining pending for long on account of stay needs to be remedied. Remedy is required not only for corruption cases but for all civil and criminal cases where on account of stay, civil and criminal proceedings are held up. At times, proceedings are adjourned sine die on account of stay. Even after stay is vacated, intimation is not received and proceedings are not taken up. In an attempt to remedy this, situation, we consider it appropriate to direct that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended. In cases where stay is granted in future, the same will end on expiry of six months from the date of such order unless similar extension is granted by a speaking order. The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized. The trial Court where order of stay of civil or criminal proceedings is produced, may fix a date not beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced.

In the Supreme Court of India

CRIMINAL APPELLATE JURISDICTION

(Before Adarsh Kumar Goel, Navin Sinha and R.F. Nariman, JJ.)

Criminal Appeal Nos. 1375-1376 of 2013

Asian Resurfacing of Road Agency Pvt. Ltd. v.  Central Burueau of Investigation .

Decided on March 28, 2018

Citation: 2018 SCCONLINE SC 310

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Whether chief judicial Magistrate can grant stay to proceeding in the court of JMFC during hearing on transfer application?

The above principle is applicable in the, instant case. If during the pendency of the application for withdrawal, the case itself is disposed of by the Court, the application itself would be infructuous. It is, therefore, necessary for the Court to stay the trial of the case by the concerned Magistrate till the Chief Judicial Magistrate decides whether the case should be withdrawn to his file or should be made over to some other court. There was nothing improper in the order of stay issued and it does not call for interference by this Court. 

Kerala High Court

Thottuvarambath Velayudhan vs Pottayil Aboobacker Haji And Anr. on 12 January, 1979

Equivalent citations: 1980 CriLJ 181

Bench: K P Amma

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