LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Whether civil contempt petition is mainataibale against the state?

(Querist) 19 December 2012 This query is : Resolved 
In one cae, I have been granted stay on trail court proceedings by High Court u/s 498-A/406 cases though the case was in my name against the state But In misclanneous Petition, I have pleaded stay on the title of case in which all of the family memebers were implicated

Now I have taken the certify copy of High Court order and will appear before the Trail court where the challan has already been registered
My apprehensions are if the trail court proceed depsite of High Court order whether I have the right to move the civil contempt Petition against the state and the complainant?
Secondly, whether trail court can proceed aginst my rest of the family members with the plea that the title of the petition is solely on my name( we have common FIR, common case pending before Judicail Magistrate)?
ajay sethi (Expert) 19 December 2012
produce copy of high court order wherein proceedings have been stayed . your apprehnsions are misplaced . trial court wont proceed with the matter against you and other family members
dont count your chickens before they are hatched . wait for trail court decision .
Raj Kumar Makkad (Expert) 19 December 2012
The trial court shall not proceed the case until the stay is in operation and moreover it hardly affects whether the case is ttled in your case or in the name of any other member of family of you. all accused have obtained stay order so no scope for trial magistrate to proceed and accordingly no scope with you to proceed for contempt as desired.
R.K Nanda (Expert) 19 December 2012
agree with expert Sethi.
Sudhir Kumar, Advocate (Expert) 20 December 2012
what is language of stay order whether case against all accused is stayed or you only.
Raj Kumar Makkad (Expert) 20 December 2012
The querist has already told that the stay order is against all the accused persons.


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :