Commencement of court proceedings in stayed case.
Mahesh Chand Gupta
(Querist) 03 April 2022
This query is : Resolved
I filed a complaint case against Mr. N Gopinathan in which court issued summons against N. Gopinathan under section Four-Twenty, Four-Zero-Six, Four-Six-Seven, Four-Six-Eight, Four-Seven-One IPC in the year Two Thousand Nine. Mr. N Gopinathan approached Allahabad High Court and got order of stay of proceedings in the lower court. The case is still pending in Allahabad High Court. May I approach Allahabad High Court or trial court at Ghaziabad for vacation of stay on the basis of circular no. Nineteen-Twelve-Twenty issued by Central Vigilance Commission stating that in those cases, where stay was granted by a trial court more than six months ago and also in cases on CBI's investigation, which have been kept in abeyance due to court's orders, the issues may be examined in the light of the judgement of the Hon'ble Supreme Court of India and immediate steps may also be taken, in consultation with the organization's counsel/Legal Branch to ensure that the stay, if granted by a court of law, is vacated within six months period and court proceedings commenced.
P. Venu
(Expert) 10 April 2022
You need to approach the High Court which granted the stay.
