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Judgment
Heard Mr. Gaurav Raj, learned counsel for the petitioners, Mr. Sanjay Srivastava and Mr. Bishambhar Shastri, learned counsel for the State and Mr. Rajesh Kumar learned counsel for the O.P. No. 2.
These petitions have been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
Status report has been received whereby it has been informed that in the light of the order of the Hon'ble High Court in "Asian Resurfacing of Road Agency (P) Ltd. Vs. C.B.I " reported in 2018(16) SCC 299, the stay has been vacated and both the parties were directed to remain physically present on 22.04.2019 for evidence. On 31.01.2020, at the request of complainant, complainant evidence was closed and the case was fixed on 05.02.2020 for recording statement of the accused under section 313 Cr.P.C. On 05.02.2020 and 25.02.2020 accused failed to appear physically and the order dated 17.08.2010 was cancelled and N.B.W. was issued and the case was fixed on 25.03.2020 for appearance. On 25.03.2020, due to Lockdown and Covid-19 pandemic situation hearing was adjourned.
In view of status report and considering that the matter is proceeded further, no relief can be extended in both the criminal miscellaneous petitions. Accordingly, both the criminal miscellaneous petitions are dismissed.