Dvc - trial
Vijay Kumar
(Querist) 27 April 2014
This query is : Resolved
HI All,
Background of the case: 498A and DVC cases have been filed on me, mom, father, brother. R-1,2,3,4 respectively
498A trial has started and cross questioning of witness is going on.
DVC - My brother has applied for Quash in high court and got a stay order until further orders as complainants have not responded to high court. Currently DVC is getting adjourned for last one year because of the high court stay order. Now the complainant asked hon'ble session court judge to keep my brother seperately and continue with trial for rest others.
Now my questions are :
1. Can court allow trial for R- 1,2,3 and R-4 seperately?
2. If allowed , It will be waste of time for both court and Responsdents for seperate trials as R-1,2,3 should again attend trail of R-4 ?
Thanks in advance,
Devajyoti Barman
(Expert) 27 April 2014
No, it is possible. Apply to HC to lift the satay at least for trial of other persons who have not applied for quashing.
Vijay Kumar
(Querist) 27 April 2014
I'm confused with these two answers. Can you elaborate your answers.
Devajyoti Barman
(Expert) 27 April 2014
Nothing confusing in the replies.
Show the replies to your lawyer to have better understanding.
ajay sethi
(Expert) 27 April 2014
what Mr barman suggested was since R1, R2 , R3 , R4 have not applied for quashing application should be made to court to lift stay order so that their trail can be proceeded with .
Vijay Kumar
(Querist) 27 April 2014
What about trial for Respondent who got stay
from High court? DO others R1,2,3 have to come again for that trial also ?
Vijay Kumar
(Querist) 27 April 2014
What about trial for Respondent who got stay
from High court? DO others R1,2,3 have to come again for that trial also ?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 April 2014
DVC has many technical issues for QUASH and if it is allowed the case will be over for all even though they have not joined at HC so trial can not start till HC decides the matter.
