Appeal in supreme court
mycent
(Querist) 11 May 2016
This query is : Resolved
Dear experts,
Pls. guide me on the below issue-
I had filed for quashing in high court against of discharge rejection order of lower court in my criminal case. However high court had dismissed my quashing petition. I am planning to move to supreme court against this.
However, I have a date in the lower court next week & court might proceed to frame charges.
Is there any provision or ruling that I can present so that lower court doesn't proceed with framing of charge till any order comes form supreme court.
Since, I am still in the process of oving to SC, I do not hv any stay order yet.
Pls help me with sections/ruling.
regards,
Surender
mycent
(Querist) 12 May 2016
Dear experts,
Pls help !
regards,
Surender
P. Venu
(Expert) 12 May 2016
The lower court can proceed with the matter unless there is a stay from a Higher Court. From the facts stated, you need to file an SLP, get the Leave and the stay. This is not an easy procedure.
Moreover, the SLP is unlikely to be admitted unless there is a substantial question of law involved.
Rajendra K Goyal
(Expert) 12 May 2016
Lower court may proceed in absence of stay. Court itself may postpone the date due to busy schedule on the day.
