Effect on appellate court (adj) of app u/s 482 crpc in hc

As per recent Madras High court circular from Registrar, all concerned trail and sessions court are ought to carry on with proceedings, even the matter rests with high court ,but for stay.

Can I get any citation??

you have filed an appeal in high court against an aquittal order under nia act. the accused filed application for additional evidence before high court. the high court dismissed it. the case is posted for argument. the accused again filed the same application for additional evidence before high court and pray for adjournment. am i correct sir ?

u/s 482 crpc the high court has inherent power to adjourn the proceeding if it is necessary to secure the end of justice. here in your case the accused might have discovered new evidence which the high court has never seen before. then i think court will adjourn proceedings, see the new evidence to secure the end of justice.

Dear Atrixji

I am sorry Sir, Actaully I mentioned something wrong in my query. It is an appeal against conviction filed by teh accused with the ADJ. I am restating my query by mentioning correct facts

After 3 years and 62 dates have passed In an appeal against conviction (by the accused)l in 138 NIA case pending with the Sessions Judge ultimately, the Court posts the case for final Order. But the accused files an application for filing additional evidence, which is dismissed and the case is posted for arguments again

As a ploy to further derail the proceedings in the appellate court, a day before the due date in Appellate Court, the accused files an application before the HC u/s 482 (against the order of the ADJ Court dismissing his application for addl evidence) & comes to the ADJ Court saying that he has filed an application against his order which is pending in HC so the proceedings must be adjourned or stayed.

The HC has not even taken cognizance or admitted his application u/s 482

What does the Law envisage in this respect?

Is the appellate Court bound to adjourn the matter just because an application has been filed before the HC (There is no order of stay etc)

Please guide with case laws / statute law on the subject. (Please dont send a simple reply as I know that the ADJ Court is niot legally correct in staying teh proceedings without a stay order)

Sainath Ji has already replied correctly

"Just because an application is filed in HC ,the appellate court will not deviate from the further proceedings unless it receives specific order from HC

What I need is any citation o case laws

adv raghavan has also replied

"As per recent Madras High court circular from Registrar, all concerned trail and sessions court are ought to carry on with proceedings, even the matter rests with high court ,but for stay."

But he hasnt cited teh said order so that reply becomes meaningless

you may consider one thing that subjudice matter whenever will be chalanged in appelate court it can be stay if question of law is same or issue is same and further it is causing prejudice.

SiddharthJi

Actually the High Court hasnt stayed the hearing or proceedings in the Appellate Court of ADJ

My query is very simple

The proceedings not being stayed by the HC, what is the duty of the ADJ Court 

To carry on the proceedings or adjourn the proceedings till the matter is decided in the HC

Please reply only with concrete citation or law, as the theoretical answer is known to everyone that the appellate Court has to carry on with the proceedings