Judgement after the case is quashed by high court
Rohit Arora
(Querist) 27 November 2018
This query is : Resolved
Hello All,
Thank you for reading my query and helping me out.
My cr case was quashed by High Court earlier this month and the order says that "The proceedings in C.C XXXXX/2017 on the file of XI Additional Chief Magistrate are quashed. The petition is allowed". I have a copy of this with seal and also copy from HC website.
(a) The case is still open in lower court according to ecourts website. My lawyer has asked me to come to court on next date so that the judge can pass a judgement. If the case is closed in HC would the judgement in lower court be anything bad? Is this normal procedure after quashing or can this be dealt without me going to court (as I am very scared to go to court).
(b) The case is showing as NBW online so does this mean there is a risk of magistrate getting me arrested?
Thank you very much.
KISHAN DUTT KALASKAR
(Expert) 27 November 2018
Dear Sir,
Nothing to worry since the High Court quashed the entire proceedings in criminal case pending before Magistrate Court. As a formality you have to appear before Magistrate Court and file certified copy of orders of the High Court and on the basis of which the Magistrate will pass an order closing the criminal case and automatically the NBW earlier issued will stand recalled.
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venkatesh Rao
(Expert) 27 November 2018
Kishan Dutt sir is absolutely right.
Rohit Arora
(Querist) 27 November 2018
Thank you very much sir.
Dr J C Vashista
(Expert) 28 November 2018
I agree with expert advise of Sh. Kishan Dutt.
Your lawyer is right, order passed by HC is required to be submitted to Trial court.
