Accused is not surrendering before the court
Amit Maheshwari
(Querist) 01 June 2014
This query is : Resolved
Hello to all Respected Experts ,
this is a matter u/s 308,323,504,506 IPC . A Cross case was also lodge on Afflicted u/s 323,504,506 IPC. I am Lawyer of Afflicted person .
in this regard Accused gone to high court through Application u/s 482 but high court says Having considered the Uncontroverted prosecution version, as it appears from the F.I.R. and the record of the case, a prima-facie offence is made out against the applicant/Accused and However, it is directed that if the applicant appear and surrender before the court below within 30 days from today along with the certified copy of this order and applies for bail, their prayer for bail may be considered and decided expeditiously, if possible on the same day, after taking the applicants in custody .
And on the cross case i got a order from HC Till the next date of listing, further proceeding of this Case under sections 323, 504, 506 IPC shall remain stayed.
But Accused not appear before court in time period then i give a application to lower court to allow NBW for accused and accused given a application through council to the lower court to not issue any process in this case bcz in cross case HC stays the proceedings . lower court accpet his application and given me time for objection . on next date i argued in court and his app. was dissmissed but not allowed NBW and given 20 days time to accused . now accused again gone to HC app. u/s 482 but not press on the app.
In this regard what will i have to do please uggest me .
Devajyoti Barman
(Expert) 01 June 2014
If no stay is granted by the high court in new quashing case then you can apply for NBW in the lower court after 20 days.
The accused is trying the exploit the procedural loopholes but nothing to worry. Once you show the earlier HC order , the HC this time would certainly pass most stringent order against the accused person.
Raj Kumar Makkad
(Expert) 01 June 2014
You have to rebut the petition filed by the opposite party before High Court on the basis of your case pending before the lower court as well as on the basis of the relevant law in this regard. A person not obeying the verdict of high court, is not entitled for the grant of equity by the same high court.
