Supreme court deleting the accused from array of parties.
madhusudhana rao
(Querist) 28 April 2019
This query is : Resolved
High court dismissed the quash petition of the accused. As against the said order, out of 3 accused only 2 accused appealed before supreme court in SLP criminal and obtained stay order during the notice period as under:-
“Issue notice. In the meanwhile there shall be stay of proceedings before trail court.”
Later, several notices were issued to 3rd accused but he did not choose to respond. There by other accused moved an I.A before Supreme Court to delete the accused no-3 from array of parties and same was allowed.
My question is, before trail court can we proceed with the next step of trail against 3rd accused since no stay is pending against him?
Or the above stay order against proceedings will hamper the proceedings against the 3rd accused?
Kindly enlighten me
P. Venu
(Expert) 29 April 2019
Has leave been granted in the SLP that it became a Criminal Appeal? Was the third accused a petitioner or a respondent in the SLP?
madhusudhana rao
(Querist) 30 April 2019
Sir, Thanks for your concern. It is a criminal case. Before Supreme Court it is SLP Criminal appeal only. The 3rd accused initially did not send his consent to advocate to take up the matter along with other accused. So he was shown as respondent before Supreme Court who, actually happens to be the 3rd accused before lower court and high court. While deleting him Supreme Court held as under: - Name of the respondent be deleted from array of parties at the risk of the petitioners
P. Venu
(Expert) 30 April 2019
If the third person had not given his consent, he should not have been a petitioner.
madhusudhana rao
(Querist) 01 May 2019
Sir, does it mean we can proceed against him in the lower court with next step of trail?
