Regarding sec 120b&420 in lower court
Querist :
Anonymous
(Querist) 21 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.got stay from hc.but lower court asking stay order extension
T. Kalaiselvan, Advocate
(Expert) 21 May 2024
You cannot get permanent stay of the case from high court.
The stay which continued all these years is a great thing.
Your mother can file a petition before trial court seeking dispensation of her personal appearance under section 205cr.p.c.
Since it is a compoundable offence you can go for a compromise settlement with defacto complainant and get the case dismissed as compounded.
