U/s 420 & 120b
RAKESH KUMAR BHAGWANI
(Querist) 12 September 2016
This query is : Resolved
Dear sir refer to the subject a fir made by police under section of 420 & 120b against this fir i have submitted petition for quashing the fir u/s 482 then high court called police diary but police submit challan before the trial court after the date of called diary by the high court due to pandency of work my petition not listen till today in between i have filed a application before the high court for stay to trial ,now i have not charged by the trial court this concern i have some question please guide and reply me.
1.Can i request to trial court before the charges apply on me by the trial court ,That 482 petition is pending in high court till stop the proceeding of charges and trial while i have also applied for stay to trial process in high court.
Devajyoti Barman
(Expert) 12 September 2016
You are not clear whether the high court had stayed the trial or not.
If not then you have seek bail, face framing of charge . Else W/A would be issued.
Choice is yours.
Raj Kumar Makkad
(Expert) 12 September 2016
Why charge has not been framed against you if you have not been granted stay order by high court?
Lower court is not bound to stay ts proceedings just because your quashing petition is pending before high court. Obtain stay order and show it before the lower trial court.
