Case Name : Asian Resurfacing of Road Agency Pvt Ltd & Anr vs Central Bureau of Investigation
Case Reference: (2018) 2 SCR 1045 :
Neutral Citation:
Case Number: Crl A 1375-1376/2013
Court: Supreme Court
Bench: 03
Coram: Adarsh Kumar Goel (Author - Majority ), RF Nariman (Concurring), Navin Sinha
Date: 28.03.2018
Interlocutory Order ; Intermediate Order
The test of interlocutory order (Para 19) Whether reversal of impugned order results in conclusion of proceedings
The decision in Madhu Limaye vs State of Maharashtra still holds good as to order framing charge being intermediate order . VC Shukla vs State through CBI was in the context of a specific statute (Paras 20, 26) Order of charge is intermediate order (Para 36)
Article 227 ; Basic Structure
Difference between Article 226 and Article 227 (Para 20; quotation)
Article 227 is part of the basic structure (Para 25)
Stay only for 06 months
Where a stay operates in either civil or criminal trial, it will continue for 06 months unless extended by a speaking order (Para 35) The speaking order must show what is the exceptional nature of the case to continue the stay
Refer also: Madhu Limaye vs State of Maharashtra Amar Nath vs State of Haryana Mohanlal Maganlal Thacker vs State of Gujarat, (1968) 2 SCR 682 : AIR 1968 SC 733 Kartar Singh vs State of Punjab, (1994) 3 SCC 569 VC Shukla vs State through CBI, (1980) Supp SCC 92
See also: CrPC - Section 482 Constitution - Article 226 Constitution - Article 227
PDF: Asian Resurfacing of Road Agency Pvt Ltd vs CBI, (2018) 2 SCR 1045.pdf