Stay of criminal proceedings
Ranganath
(Querist) 16 July 2009
This query is : Resolved
Ld counsels,
When discharge from a criminal case is applied in a higher court will the proceedings in the lower court be stayed automatically. Does this also apply for quash in high court. How can the accused take exemption from personal appearance in these cases.
Please clarify.
Kiran Kumar
(Expert) 16 July 2009
no proceedings before the trial court are statyed unless and untill have been specifically stayed by an order.
merely notice of motion does not mean automatic stay of proceedings.
for exemption from appearance pls have reference to S. 317 of the Cr.P.C
u can move necessary application before the trial court....however the high court may also dispense with the personal appearance during quashing proceedings.
Tabassum Dalvi
(Expert) 18 July 2009
Stay of trial in the lower court is not an automatic outcome of filing an application or petition in the higher court; Sessions court or High court as the case may be, for quashing such proceedings. One will have to specifically pray for such a relief in the said application or petition which may be allowed or refused depending on the urgency of the situation. As for exemption from personal appearance is concerned, an application from time to time to that effect will have to be made until the interim relief of stay is granted by the higher court.
Swami Sadashiva Brahmendra Sar
(Expert) 17 July 2009
