Regarding sec 120b&420 in lower court
PRASHANTH B
(Querist) 15 May 2024
This query is : Resolved
My mother booked under sec 120b and 420 both.filed in lower court in 2016.then my mother got stay in 2019 dec in hc .also filed sec 482 to quash fir. Till date pending.now suddenly 4 months before stating automatic vacate of stay of hc .hence to get stay extended or to appear in lower court.on feb 29,2024 Supreme court upheld automatic vacate of stay by HC.kindly clarify whether it is correct.my mother age 62.unable to attend court since it is 474 kms away
T. Kalaiselvan, Advocate
(Expert) 15 May 2024
The high court cannot extend the stay order indefinitely.
At one stage it has to decide about the pending case before it.
What is the status of the pending 482 cr.p.c. quash petition?
She has to appear before the trial court at least once a while or can seek to dispense with her personal appearance before court by filing a petition under section 205 cr.p.c. for the reasons stated therein.
If this is a case under section 420, the offences are compoundable hence she may enter into a compromise agreement with the complainant and get the offences compounded and get rid of the case.
P. Venu
(Expert) 16 May 2024
Admittedly, your mother has pursued the case up to Supreme Court. As such, what is the constraint in attending the Trial Court? In a criminal proceeding, An accused cannot evade presence in the Trial Court, once the summons has been received.
Advocate Bhartesh goyal
(Expert) 16 May 2024
Your mother has to give her appearance before trial court on hearing date and she may file petition u/sec 205 of Cr.P.C.for seeing dispense with her personal appearance for next hearing date.
