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RK (Doctor)     19 August 2011

Writ petetition - final hearing

Dear respected experts,

We have filed Writ petetion 11/2 year saying the Charge sheet illegal in high court. Basically my family has dowry cases on us.

Writ petetion details:

   Prayed for interim releif -Stay on lower court proceedings

   Finally quash the petetion.

 

Status:

WP Admitted 

then interlocutory stage for 1 year

Police gave counter but did not answer the questions in my writ petetion.

Judge asked the GP that ' there was double investigation' , GP was calm on one hearing.

adjourned for 1 month.

Bench changed.

My WP petetion was not listed on the adjourn date.

Now, It is suddenly showing " FINAL HEARING" stage in the court website instead INTEROLUCTORY. 

 

Questions:

1) How come the status is "Final Hearing"  ? By the way , Judge was adjourned the case but did not say 'go for final hearing' in the last hearing.  So, question is who might have changed the status ?

2) Is it GOOD or BAD to see the WP is in Final hearing status with out STAY on local court proceedings ? Please note my family still attend the lower court  regularly.

3) Being in final hearing stage, is it wise to push for STAY(interim relief) , or push for QUASH ? 

4) How long the WP stays on final hearing stage in general and how many hearings could happen? So far , Police was not cross examined yet , so what could be the procedure on final hearing stages ?

5) What should be the course of action now  ?

 

Thanks,

RK



Learning

 3 Replies

Sanjeev (Lawyer)     19 August 2011

If its Stay on lower court proceedings than why does the lower court proceddings still on and why your family members attend the court. Is it stay for you only?

 

RK (Doctor)     20 August 2011

We did not get the stay yet , so my family attend the lower court dates( by the way charges has not yet framed). Though we did not get stay yet , but the Writ petetion is in final hearing stage.

I think I would need STAY on lower court proceeding immediately and   then later , cases on us should be quashed. Is the Stay possible now ?

RK (Doctor)     21 August 2011

Any updates please


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