Whether stay is on crimijnal proceedinsg is also applicable on dv proceedings?
yogesh
(Querist) 04 May 2013
This query is : Resolved
Sir, My sister in law has file the 498-A/406 case against me and my family and I filed the criminal main petition before H.C ( under 482 CRPC) and trial court proceedings has been stayed..then she file the 125 Crpc And then she filed the DV case against us after gap of some many years and I file the criminal main against quashing of proceedings but H.C has clubbed my application with the main petition and duo matter has been heard in month of July 2013
Since the matter has now been admitted, whether trail court will stayed the DV proceedings as Criminal main of quashing of DV proceedings has now club with the criminal main application for quashing of FIR and proceedings has already been stayed??
Devajyoti Barman
(Expert) 05 May 2013
Unless the high court had granted stay in respect of subsequent litigation like DV case and 125 CRPC case, mere clubbing together both quashing petitions would not work as stay for subsequent cases. Move separate stay application or pray for separate stay for this proceedings.
yogesh
(Querist) 05 May 2013
sir, I have adduced the application for stay in the main petition too but the Hon'ble judge was in hurry as it already 1:00 p.m and hence disposed 2-3 applications fastly without dicating the order
Is it possible that stay granted without dictating the order?
Becuase in satate high courts no inerim order is available on net however KISOKS machine give indication that stay has been grsnted??
V R SHROFF
(Expert) 05 May 2013
Usually DV not stayed, as Quasi civil + criminal , both cpc cr pc allowed. must finish in 2 months!!
ajay sethi
(Expert) 05 May 2013
no stay ahs been granted . although DV cases are supposed to be disposed of in 2 months in mumbai they last for 3 years
yogesh
(Querist) 05 May 2013
Vert well, I have challenged the summoning order for arraying me as party a there is no domestic relationship with the aggrieved perosn for several years and the High Court has already admitted the matter..So trial court will also run parallel proceedings if not satyed or clubbed with the main petition??
sibasish pattanayak
(Expert) 05 May 2013
Yogesh ji,
in this situation you have to file a petition before the trial court to the effect that , when the main apllication of the aggrieved person (in DV) ,PETTIONER ( IN 125) are same in nature i.e.,allegations and the Honble H.C. pleased to stay the proceedings u/s 498A , in that event you must pray for an order as AWAITING ORDER FROM THE HONOURABLE COURT, if the trial court reject your prayer then you have to move before the hon'ble court for specific direction in respect of DV and 125.
REGARDS,
SIBASISH PATTANAYAK, ADVOCATE.
ajay sethi
(Expert) 05 May 2013
yes trail court cna run parallel proceedings . admission of petition means issue deserves consideration in the opinion of HC . if no stay garnted proceedings continue in lower courts
yogesh
(Querist) 05 May 2013
Nice advise by the expert members.. sibasish pattanayak Sir, how can we pray for an order as AWAITING ORDER FROM THE HOn'ble Court as trail court will not entertain application without specifying any section of the CrPC?
In short, under which section of CrPC we can move the application praying as awating order from Hon'ble court because trail court awits the order only if the stays has been granted??
sibasish pattanayak
(Expert) 06 May 2013
Yogesh ji,
your intention is very clear in this case to drag the trial till disposal of 482 of cr.p.c. application by the Honble court , for such hidden intention you have to file a petition before the trial court with the prayer as mentioned in my earlier posting, you never mind about the section or good or bad in law etc, etc,.
in that event if the trial court reject your prayer , you have every liberty to move a mention .
regards,
sibasish pattanayak
Raj Kumar Makkad
(Expert) 06 May 2013
If no stay has been granted by high court against the proceeding of the lower court, it shall automatically go on and you need not to move any application for that purpose.
