Stay of trial proceedings granted to preserve a pending Section 482 CrPC challenge and secure expeditious High Court disposal.

Proceedings before the trial court were stayed while a pending Section 482 CrPC petition remained undecided after judgment was reserved, because the trial had reached the stage of framing charges and further progress could make the pending challenge ineffective. To preserve the subject matter of the petition, the SC directed the roster bench of the High Court to decide the matter in accordance with law at the earliest, preferably within three months, after hearing all parties. The result was interim protection against continuation of the trial and a direction for expeditious disposal of the pending petition.

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Issues: Whether proceedings before the trial court should be stayed pending disposal of the petition under Section 482 of the Code of Criminal Procedure, 1973, and whether the High Court should be directed to decide that petition expeditiously.

Analysis: The petition under Section 482 of the Code of Criminal Procedure, 1973 had remained pending after judgment was reserved, and the trial proceedings had advanced to the stage of framing of charges. In these circumstances, the continuation of the trial risked rendering the petition ineffective. To preserve the subject matter of the pending challenge, the Court directed the roster bench of the High Court to dispose of the petition in accordance with law at the earliest, preferably within three months, after hearing all parties. Pending such disposal, proceedings before the trial court were stayed.

Conclusion: The petitioner obtained interim protection in the form of a stay of trial proceedings and an expeditious disposal direction to the High Court.

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