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Supreme court 3 judges bench ruling and its binding nature

(Querist) 09 April 2019 This query is : Resolved 
Dear Sir,
I field a criminal case in 2010. Accused after receipt of summons from trail court, approached Hon’ble High Court to quash the proceedings U/S 482 Crpc. After 7 years of stay, ultimately the said application of the accused was dismissed in the year 2018. As against the dismissal order, accused appealed before Hon”ble Supreme Court and got stay order on 8-5-2018 in SLP(Crmnl) as under:-
“Issue notice. In the mean time there shall of stay of proceeding before trail court.”
As of today, the matter is pending before Hon’ble Supreme Court and may take time for final disposal.
Now the issue before trail court is, we ask trail court to proceed with the next step of trail since there was no extension of stay order after lapse of six months - in view Supreme court 3 judge bench ruling in Asian Resurfacing of Road Agency Vs, CBI, decided on 28-3-2018 . But accused argument is that, they got stay order from Supreme Court hence the above cited ruling is not binding on Supreme Court orders and they need not present before trail court.
Nowhere in the above cited judgment specifically it is mentioned that the said ruling is not binding on Supreme Court orders. So in the absence of such ruling, other side argument is valid?. Most importantly, the intention behind making such law is to curtail unduly delay on account of Stay, where both civil and criminal cases are pending at trail stage for decades. To remedy such situation the law was made. When such is the intention behind making such law, accused interpretation is valid?
The above cited judgment was delivered by a bench of 3 judges and the accused got stay order from bench of 2 judges. Whether, larger bench of Supreme Court judgments/orders are binding on smaller bench of supreme court orders or not?
Kindly enlighten on the question of law.
Dr J C Vashista (Expert) 10 April 2019
The judgement is absolutely clear and effective prospectively.
madhusudhana rao (Querist) 10 April 2019
Sir, Thanks for your response. If possible could you please elaborate bit more on my query?.
Vijay Raj Mahajan (Expert) 10 April 2019
You need to get the stay order vacated by the Supreme Court based on 3 judges bench ruling, the trial court is bound by the present rule of 2 judged bench and cannot proceed unless that order is vacated by the Apex court.
madhusudhana rao (Querist) 12 April 2019
Sir, Thanks for your advice and direction.


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