Grant of stay orders in civil and criminal cases
is part of judicial proceedings and
courts have been vested with inherent powers in this regard under the relevant
provisions of the Code of Civil Procedure, 1908 and Criminal Procedure Code,
1973.
In a recent judgement in Imtiyaz Ahmad V State of Uttar Pradesh & Others23, the Supreme Court had the occasion to look into the issue of grant
of stay orders by the High Courts during investigation or trial in criminal
matters. The Supreme Court held:
“The authority of the High Court to order stay of
investigation pursuant to lodging of FIR, or trial in deserving cases is
unquestionable. But this Court is of the view that the exercise of this
authority carries with it the responsibility to expeditiously dispose of the
case. The power to grant stay of investigation and trial is a very
extraordinary power given to High Courts and the same power is to be exercised sparingly
only to prevent an abuse of the process and to promote the ends of justice. It
is therefore clear that:
(i) Such an extraordinary power to be exercised
with due caution and circumspection.
(ii) Once such a power is exercised, High Court
should not lose sight of the case where it has exercised its extraordinary
power of staying investigation and trial.
(iii) High Court should make it a point of
finally disposing of such proceedings as early as possible but preferably
within six months from the date the stay order is issued.
Prepared by:
S. Hemanth
Advocate at Hemanth
& Associates
