ASIAN RESURFACING OF ROAD AGENCY PVT. LTD & Anr. v. CENTRAL BUREAU OF INVESTIGATION
Case at a glance
Provisions considered
- Prevention of Corruption Act, 1988 ss. 13(1)(d), 13(2), 19, 19(3), 19(3)(c), 22(d)
- Code of Criminal Procedure, 1973 ss. 227, 228, 239, 240, 241, 242, 245, 397, 397(1), 397(2), 482
- Constitution of India arts. 21, 226, 227, 372
- Criminal Law (Amendment) Act, 1952
- Anti-Corruption Laws (Amendment) Act, 1964
- Indian Penal Code, 1860 ss. 120B, 420, 467, 468, 471, 477A
- Special Courts Act, 1979 s. 11A
Judgment
such challenge is entertained and stay is granted, the matter must be decided on 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, duration of stay should not exceed six months, unless extension is granted by a specific speaking order, as already indicated. Mandate of speedy justice applies to the PC Act cases as well as other cases where at trial stage proceedings are stayed by the higher court i.e. the High Court or a court below the High Court, as the case may be. In all pending matters before the High Courts or other courts relating to PC Act or all other civil or criminal cases, where 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 above parameters. 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 above period, resume the proceedings without waiting for any other intimation unless express order extending stay is produced. The High Courts may also issue instructions to this effect and monitor the same so that civil or criminal proceedings do not remain pending for unduly period at the trial stage. [Paras 36, 37] [1078-G-H; 1079-A-D]
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.