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windowsxp   11 September 2018

Possibility of passing order when case is on stay

Dear experts,

my frnd parents and sisters approached HC for quashing their names from chargesheet and HC stayed the case and his lawyers are not willing to take further action on that case, so as per HC last orders case will be stayed until next date of hearing.

his case has been stayed from last 4 years and in the lower court judge telling stay cannot be more than 6 months, so if he is not getting extension letter from HC judge asking his family members to appear in the court for future dates.

Is it possible for lower court judge to go against HC orders and take any action like issuing NBW on their absence in future dates when the case was stayed? since he is not willing to disturb the stay in the HC until his lawyers come forward and take the case further.

 

Regards,

Srini

 

 

 

 



Learning

 1 Replies

SOLOMON.RAJ (advocate/director)     12 September 2018

The recent supreme court judgement clearly cites and directed that no stay whether in criminal or civil proceedings can be granted by any court of law beyond a period of 6 months.

hence the lower court can go ahead with the trial proceedings.


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

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