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2010 DIGILAW 101 (SC)

Imtiyaj Ahmad v. State of Uttar Pradesh

2010-01-18

A.K.GANGULY, G.S.SINGHVI

body2010
ORDER : 1. This petition is directed against a batch of interlocutory orders passed by the learned Single Judge of the Allahabad High Court in Criminal Writ Petition No. 1786 of 2003. 2. A perusal of the record shows that by the first order dated 9-4-2003, the learned Single Judge admitted the writ petition filed by Respondents 2 and 3 and, at the same time, stayed the order dated 7-12-2002 passed by the Additional Chief Judicial Magistrate, Gautam Budh Nagar whereby direction was given for registration of case against Respondents 2 and 3. Thereafter, hearing of the writ petition was adjourned on 9 different dates. As on the date of filing of the special leave petition, the writ petition had become 6 years old. 3. Although, the impugned orders are interlocutory in nature, this Court considered it appropriate to entertain the special leave petition because the issue raised by the petitioner is of public importance. Notice of this petition From the Judgment and Order dated 9-4-2003 in W.P. (Crl.) No. 1786 of 2003 of the High Court of Judicature of Allahabad has been served upon respondents, but no one has appeared on their behalf except the State of Uttar Pradesh. 4. In response to our query, Mr. R.K. Dash, learned Senior Counsel appearing for the State gave out that many thousand writ petitions and petitions filed under Sections 397 and 482 of the Code of Criminal Procedure (Cr.P.C.) are pending before the Allahabad High Court (Principal Seat as well as the Lucknow Bench) in which stay orders have been passed in matters involving registration of first information report, investigation of the criminal cases, framing of charges and even trial and such orders are continuing for years together without any attempt by the High Court to take up and dispose of the cases finally. Shri Dash submitted that in many cases stay orders are operating against the registration of FIRs, investigation, framing of charges and trial involving heinous offences like murder, rape, kidnapping and dacoity. 5. There may be many thousand similar cases pending in the different High Courts in the country. Therefore, we feel that the issue deserves serious consideration by this Court. For this purpose, we made a request to the learned Solicitor General, who is present in the Court to assist us. 6. The learned Solicitor General graciously accepted the Courts request. 5. There may be many thousand similar cases pending in the different High Courts in the country. Therefore, we feel that the issue deserves serious consideration by this Court. For this purpose, we made a request to the learned Solicitor General, who is present in the Court to assist us. 6. The learned Solicitor General graciously accepted the Courts request. He then suggested that the Court may call for information from various High Courts in respect of following types of cases in which the proceedings have been stayed at the stage of registration of FIR, investigation, framing of charges and trial by exercising powers under Article 226 of the Constitution or Sections 482 and 397 Cr.PC: 1. Murder 2. Rape 3. Kidnapping 4. Dacoity 7. We accept the suggestion made by the learned Solicitor General and direct the Registrars General and/or Registrars of all the High Courts to seek instructions from the Chief Justices of the respective Courts and send statistics to this Court within 8 weeks of the above types of cases pending in the High Courts (Principal Seats as well as Benches). List the case on 22-3-2010. 8. Keeping in view the fact that interim order passed by the Court, which is totally bereft of reasons, has operated for more than 6 years and 6 months, we deem it proper to vacant the same. Ordered accordingly. 9. The Registry is directed to furnish complete paper book of this case to the office of the learned Solicitor General within a period of one week from today. 10. The Registry is further directed to immediately send copies of this order to the Registrars General and/or Registrars of all the High Courts by fax.