Neutral Citation No. - 2025:AHC:19576 Court No. - 73 Case :- APPLICATION U/S 482 No. - 26815 of 2024 Applicant :- Akhilesh Kumar And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Girish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned AGA for the State and perused the record. 2. This application under Section - 482 Cr.P.C. has been preferred against order dated 29.07.2024, passed by the learned VIth Additional Civil Judge (Junior Division), Court No.19, Basti, in Complaint Case No. 797 of 2013 (Dhananjay Kumar Vs. Ram Kishore), whereby the application filed by the applicant to continue the effect and operation of the interim order has been rejected. 3. It is submitted by learned counsel for the applicants that applicants have challenged the proceedings of aforesaid case by filing an application under Section 482 Cr.P.C., wherein by order dated 21.11.2016 passed by this Court in Application 482 No.35349 of 2016, it was directed that till next date of listing further proceedings of aforesaid complaint shall remain stayed and next date was fixed as 08.02.2017. It was submitted that in view of judgement of Hon'ble Apex Court in case of Asian Resurfacing of Road Agency Pvt. Ltd. and another Vs. Central Bureau of Investigation, 2018 (16) SCC 299, the trial Court by order dated 14.10.2022 has vacated the said interim protection and proceeded the case further. It was submitted that the law laid down in case of Asian Resurfacing of Road Agency Pvt. Ltd. (supra) was reviewed by Hon'ble Apex Court in the case of High Court Bar Association Vs. State of U.P. (Criminal Appeal No.3589 of 2023), decided on 29.02.2024, and it was observed that only in cases in which trial have been concluded as a result of automatic vacation of stay based only on the decision in the case of Asian Resurfacing on Road Agency, the orders of automatic vacation of stay shall remain valid. Learned counsel submitted that in the instant matter, proceedings are still pending, thus vacation of the interim order was not in accordance with law and the trial Court has mis-interpreted the law laid down in case of High Court Bar Association (supra). Referring to facts of the matter, it was submitted that the impugned order is against law and thus, liable to be set aside. 4. Learned AGA has opposed the application and submitted that there is no illegality or perversity in the impugned order. It was pointed out that by aforesaid order dated 21.11.2016, direction for stay of proceedings was granted till next date of listing and case was fixed for 08.09.2017 and thus, the said interim order cannot be construed to be extended further unless a specific order is made by the Court. It is also pointed out that the aforesaid application under Section 482 Cr.P.C.(No.35349 of 2016) filed by the applicant is still pending and whether the interim order passed by Court in that case has been violated or not, the same can well be considered by the same Bench. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that applicants have challenged the proceedings of the aforesaid case by filing application under Section 482 Cr.P.C. No.35349 of 2016, wherein by order dated 21.05.2016, the co-ordinate Bench of this Court has directed that till next date of listing, further proceedings of the aforesaid complaint case shall remain stayed against applicants and next date was fixed for 08.09.2017. It appears that on 14.10.2022, considering the law laid down in the case of Asian Resurfacing of Road Agency Pvt. Ltd. (supra) the trial Court observed that the said interim order has become in effective and thus, summon was issued to the applicants. Later on non bailable warrants were also issued against applicants. The applicants have filed application dated 29.07.2024 stating that the warrants issued against the applicants be recalled and in pursuance to order dated 21.11.2016, the proceedings of the trial Court be stayed. That application has been rejected by the learned trial court vide impugned order dated 29.07.2024. 7. Perusal of order sheet of Application under Section 482 Cr.P.C. No.35349 of 2016 shows that after the interim order dated 21.11.2016, the said matter was put up on 27.02.2017, on which date counter affidavit along with stay vacation application was filed. The said case was again listed and put up on 01.05.2023, wherein interim order was extended till next date of listing. It appears that the order dated 01.05.2023 has not been brought into the notice of the trial Court. It may be mentioned that whether the orders dated 21.11.2016 and 01.05.2023 passed by co-ordinate Bench of this Court passed in Application 482 Cr.P.C. No.35349 of 2016, are complied with by the trial Court or not, the said issue can only be decided by the same Bench, which has passed the said orders. Thus, the applicants may raise their grievance before the same Bench, which has passed the said interim orders. However, the applicants would be at liberty to file a fresh application before the trial Court concerned in the light of the order dated 01.05.2023 passed in Application U/s 482 No.35349 of 2016. In view of these facts and circumstances, no case for exercising powers under Section 482 Cr.P.C. is made out. 8. The application under Section 482 Cr.P.C. is disposed of with the aforesaid observations. Order Date :- 11.2.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad