Declared P.O. but case is pending before Hon�ble High Court
Neeraj Bhardwaj
(Querist) 18 November 2017
This query is : Resolved
Can I. O. apply before the local court for proclaiming the offender (P.O.) when stay application is pending before Hon�ble High Court?
Ms.Usha Kapoor
(Expert) 18 November 2017
WHEN STAY PETITION IS PENDING BEFORE THE high Court AGAINST DECLARING THE ACCUSED AS PROCLAIMED OFFENDER the IO HAS NO JURISDICTION TO APPROACH A LOCAL COURT AND FILE A PETITION FOR DECLARING THE ACCUSED AS PROCLAIMED Offender IS ILLEGAL, IRREGULAR AND UNJUST..THE high Court MAY ULTIMATELY QUASH THE NOTIFICATION OF PROCLAIMED OFFENDER AGAINST ACCUSED.
Ms.Usha Kapoor
(Expert) 18 November 2017
If you appreciate my answer please give me likes.
Rajendra K Goyal
(Expert) 18 November 2017
Academic query.
State material facts of the problem if any.
How are you concerned / related with the query?
Looks like examination question.
Dr J C Vashista
(Expert) 19 November 2017
Well analysed by expert Mr. Rajendra K Goyal, I agree.
Dr J C Vashista
(Expert) 19 November 2017
An accused is to be declared PO when s/he failed to appear before the Court (especially in a criminal case). Besides this an Investigating Officer is appointed to find out facts in a criminal case/
What is the case/allegation levelled against the accused has not been mentioned in the question paper.
Dr J C Vashista
(Expert) 19 November 2017
Stay of proceeding in a criminal case at the stage of investigation is not so easy.
In the instant case, you did not mention what is the petition filed in the High Court wherein you have applied for "stay" ?
Nothing can be advised by any expert on the basis of presumption, permutation and combination.
Whatsoever, approach the impersonating person claiming to be an expert for necessary misguidance on misconception of law for addition/accumulation of "likes" or "thanks".
