V.S (Other) 10 November 2023

498a high court quash petition & stay order

Case Details

- False 498a etc cases filed in 2013, FIR & Charge sheet registered in the lower court. Charge sheet declared me absconder as I live abroad. Two other innocent relatives were also dragged into this matter - warrants were issued, bail was granted lower court is in possession of their passports till date.

- Quash Petition filed in high court in 2018, High court ruled granted a stay order until final disposal of this petition. Hearing is ongoing in the high court on top priority.

Questions:

1. How does new Supreme court order (No stay on trial for more than six months) effect my case. Is my High court order still considered valid until final disposal ?

2. I plan to travel India, is there any risk of getting arrested, passport seizure at the airport during immigration check due to possibly an LOC being issued. This matter is 10 years old and as per lower court advocate there is no court record of any kind of LOC being issued.

Thank you for your valuable guidance.

Reply Follow

2 Replies

P. Venu (Advocate) 30 November 2023

The best option is in expediting the proceedings before the High Court.

Hambo Slay 05 December 2023

The Supreme Court of India has directed that a stay of trial proceedings before civil and criminal appellate/revisional courts ordered by a High Court or a court below High Court shall automatically expire in six months, unless extended by a speaking order. This means that if the stay order granted by the High Court in your case was issued more than six months ago and has not been extended by a speaking order, it would have expired automatically. However, if the stay order was issued less than six months ago, it would still be valid until the expiry of six months from the date of issuance, unless extended by a speaking order.

As per the information provided by the lower court advocate, there is no court record of any kind of LOC being issued against you or your relatives. However, please note that passports may be seized by foreign governments if the bearer is suspected of committing a crime while traveling internationally. It is advisable to consult with a legal expert to assess the risks involved in your case before traveling to India.

You can reference: https://timesofindia.indiatimes.com/india/no-stay-on-trial-for-more-than-six-months-except-in-exceptional-situations-blossom word game -sc/articleshow/63524108.cms