In a significant legal ruling, the court focused on analyzing the trial proceedings while lifting the stay and directing an expeditious resolution to a case concerning the parties. The court refrained from making any premature observations to maintain the trial’s integrity. Stay tuned to understand the in-depth legal analysis provided by the court in this complex legal matter.
Facts
- The petitioner, who was on bail, sought relaxation of the bail condition to travel to the USA.
- The petitioner approached the Trial Court for permission to leave the State of Telangana or the country.
- The bail condition included a requirement for prior permission from the Court before leaving the state or country.
- The husband approached the High Court seeking relaxation of bail conditions to travel to the USA.
- The High Court granted the relaxation of bail conditions with the requirement of a bank guarantee.
- The wife filed a Special Leave Petition challenging the High Court’s order.
- The Special Leave Petition was disposed of by the Supreme Court by consent of parties.
- The Trial Court dismissed a Contempt Petition filed by the husband.
- The wife filed a petition in the High Court to recall witnesses PWs 1 to 4, leading to a stay of further proceedings.
- The Stay of trial got extended due to the Assistant Public Prosecutor’s petition to reopen evidence and recall witnesses.
- Aggrieved by the stay granted by the High Court, the husband and his parents filed the present Special Leave Petition.
Also Read: Legal Analysis of Alleged Emission Cheating Scandal
Analysis
- The Trial Court dismissed the Application filed by the Prosecutor on 23.01.2020 to recall PW-1 to PW-4 and issue summons to other persons.
- The Trial Court believed the petition was an attempt to delay proceedings and mentioned that PW-1 to PW-4 were supposed to speak about their grievances at length during their initial examination.
- The High Court granted a stay on 07.02.2020 despite an order for the proceedings’ disposal within two months issued on 16.07.2019.
- The application for recalling PW-1 to PW-4 was based on a supplementary charge-sheet, which the Trial Court had already considered.
- The delay in proceedings was highlighted, considering the initial order to conclude the trial within two months.
- The court refrains from making any observation regarding a matter to avoid prejudicing the trial outcome.
- Efforts to violate a court order made by consent are frowned upon and should be discouraged.
Also Read: Authority of University Syndicate in Affiliation Matters
Decision
- The Special Leave Petition is allowed and the order of stay granted by the High Court is set aside.
- Parties are restrained from filing any civil or criminal cases against each other or their respective Advocates during the trial.
- All other criminal cases between the parties in any other courts shall stand disposed of without any orders.
- The Trial Court is directed to proceed with the trial of the criminal case expeditiously and aim to dispose of the matter within two months.
- The order from a previous Court hearing directs the Trial in the case to be concluded within two months from the appearance of the parties.
- The Contempt Petition is closed without delving into the rival contentions.
Also Read: Clarification on Winding Up Proceedings Transfer to NCLT
Case Title: T.S.K. ASHWIN KUMAR Vs. TUBATI SRIVALLI (2020 INSC 638)
Case Number: CONMT.PET.(C) No.-000444 / 2020
