Vacant of interim relief order
Sumit Khandelwal
(Querist) 07 November 2015
This query is : Resolved
Dear Sir,
On registration of FIR, accused filed a petition under section 482 of CR. PC before High Court and high court stayed investigation at admission stage in absence of complainant. In this case, can a interim relief order vacated before next date of hearing?
Case is pending with next date of hearing.
Please reply,
Devajyoti Barman
(Expert) 07 November 2015
Without seeing the order and case history no comment can be made on this.
The interim order can be vacated if the merit of the case so warrants.
Dr J C Vashista
(Expert) 08 November 2015
Which court had granted interim relief? What is the relief?
I presume the relief is granted by trail court, since the trail court proceedings have been stayed, it is held in abyance till further orders by High Court.
However, as advised by expert Mr. Devajyoti Barman, which I fully agree, nothing can be opined and advised without going through the case history and orders passed therein.
Sumit Khandelwal
(Querist) 08 November 2015
Stay by High Court
and FIR is registered under section 406, 420, 465, 467, 471, 423, 477(A) and 114 of IPC.
Rajendra K Goyal
(Expert) 08 November 2015
Full case file and orders has to be referred, discuss with your lawyer.