Supreme court stay order in a slp criminal at the notice

madhusudhana rao (Querist) 09 April 2019 This query is : Resolved
When, criminal trial proceedings of lower court are stayed by single bench supreme court order during the notice period, does such single bench stay order of supreme court without any extension of stay by speaking order automatically gets vacated on expiry of six months or not? - In view of the Supreme Court 3 judge’s ruling ---- in Asian resurfacing of road agency pvt ltd & anr vs. Central bureau of investigation decide on 28-3-2018.

Such ruling of 3 judge’s bench will prevail over the single bench ruling or not ?
can we proceed with the next step of trail at lower court?

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Guest (Expert) 25 April 2019
Supreme Court on March 29 th 2018 had held that any Stay of a Criminal or Corruption Trial or even in a Civil Case would be valid only for 6 month

Guest (Expert) 25 April 2019
Supreme Court Bench of Honorable Justices Adarsh Kumar Goel and Rohinton F Nariman also observed " Proceedings adjourned sine die on account of stay even after stay is vacated intimation is not received and proceedings are also not taken up "

Guest (Expert) 25 April 2019
Certainly could proceed with the trial in the lower court mentioning the Supreme Court's decision in detail filing the Petition for it

madhusudhana rao (Querist) 26 April 2019
Thanks for your response sir. If possible please enlighten me on my other query which is bit more elaborate and in the query list

Raj Kumar Makkad (Expert) 07 January 2020
The verdict of 3 judge bench shall definitely prevail over the verdict of single bench.

Raj Kumar Makkad (Expert) 07 January 2020
You have not raised any other question in your query.

Raj Kumar Makkad (Expert) 07 January 2020
Nutshell it can only be concluded that the sty order if not extended by way of a specific order, the same shall get vacated automatically after the expiry of 6 months in view of the 3 judge verdict.

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