Neutral Citation No. - 2025:AHC:90913 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 16179 of 2025 Applicant :- Kanhaiya Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') has been filed with the prayer to quash the entire proceedings, including summoning order dated 09.02.2024, of Complaint Case No. 43 of 2016 (Jai Prakash Vs. Kanhaiya Lal), under Sections - 323, 504, 506, 379 I.P.C., Police Station - Baragaon, District - Varanasi, pending in the court of Additional Chief Judicial Magistrate, Court No.3, Varanasi. 3. It is submitted by learned counsel for applicant that applicant has challenged the proceedings of aforesaid case by filing an Application u/s 482 Cr.P.C. No. 22281 of 2022, wherein by order dated 18.01.2023, the co-ordinate Bench of this Court has stayed the proceedings of the case till the next date of listing and the next date was fixed for 24.02.2023. It was submitted that said interim order could not be extended further but in view of law laid down in case of High Court Bar Association, Allahabad Vs. State of U.P. and Others 2024 0 SUPREME (SC) 169, the said interim order cannot be said to have been vacated. Referring to facts of the matter, it was submitted that by impugned order dated 09.02.2024, the Trial court has referred case of Asian Resurfacing of Road Agency Pvt. Ltd. Vs. Central Bureau of Investigation (2018) 16 SCC 299 and matter has been proceeded further, whereas the directions laid down in case of Asian Resurfacing of Road Agency Pvt. Ltd. (supra) have been reviewed and altered by the Hon'ble Apex Court in the case of High Court Bar Association, Allahabad (supra). 4. It is apparent from record that by impugned order dated 09.02.2024, learned Trial Court has proceeded the case further by referring to law laid down in case of Asian Resurfacing of Road Agency Pvt. Ltd (supra) by observing that a period of more than six months has been passed since the order dated 18.01.2023, by which proceedings were stayed by this Court. The law laid down in the case of High Court Bar Association, Allahabad (supra) has not been brought into notice of learned Trial court. In the case of High Court Bar Association, Allahabad (supra), the Hon'ble Apex Court held that the stay order granted in any proceedings would not automatically stand vacated on the expiry of a particular period until and unless an application to that effect has been filed by the other side and is decided following the principles of natural justice by a speaking order. 5. In view of aforesaid facts, it is directed that in case applicant moves an application before the Trial court concerned, within a period of two weeks from today, raising his grievance regarding stay, making reference to the law laid down in the case of High Court Bar Association, Allahabad (supra), the same shall be considered and decided expeditiously in accordance with law. For a period of two weeks from today or till the applicant files such an application before the Court concerned, whichever is earlier, no coercive action shall be taken against applicant. 6. With the aforesaid observations, the instant application under Section - 528 B.N.S.S. is disposed of. Order Date :- 28.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad