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Kamal Adidi (BE)     08 July 2015

Court stay cont. or not. please help

Dear Sir Plz help. My case summary :- Wife filled wrongly FIR 307,498a,323,506 on my entire family. during investigation 307,323 removed. 1.-High Court ordered(in April) to immediate stay on FIR till Charge sheet submission. 2.- After 2 Months Writ Pet. for Quashing of FIR rejected and finally disposed of by Court and further in new order for mediation. If not Success then I.O is free to arrest. My Question is High Court ordered for stay till charge sheet(C.S.) submission in April.(C.S. is still pending to submit.)whether with new order (inJuly)to arrest after unsuccessful mediation , Old order is Still working till Charge sheet or not. Writ Pet. is finally disposed of. was another Writ Pet or revise or new one is permitted in HC. kindly Suggest what to do.


 9 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     08 July 2015

Why HC has ordered for mediation?

 

I am sure your advocate wrongly argued. I also pleaded my own case in HC and argued properly.The HC did not order for any mediation. 

 

The HC ordered to dispose of the meter within 6 months and also ordered to take action against de-fecto complainant if it is found that she has filed a false case.

 

There is no law in India which can enforce you for mediation.

IO, Judge, noboby.

 

File anticipatory bail by showing the following citation of SC. 

 

 

https://judis.nic.in/supremecourt/imgs1.aspx?filename=41736

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 

Kamal Adidi (BE)     08 July 2015

Thanks for valuable reply sir. You are abs. Right.on the day court ordered for mediation i am not there,but order indicate that some wrongly happens or argued. Kindly suggest what to do. Was there any rule or point to challang this new order

Kamal Adidi (BE)     08 July 2015

Thanks for valuable reply sir. You are abs. Right.on the day court ordered for mediation i am not there,but order indicate that some wrongly happens or argued. Kindly suggest what to do. Was there any rule or point to challang this new order

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     09 July 2015

Now people can understand why we should avoid these corrupted/incompetent advocates rather we can appear in-person absolutely free of charge (Except court fees).

 

You have 3 options: -

  1. You can simply ignore the mediation order since HC can’t execute it.
  2. You can make a review petition in HC.
  3. As your intention is to avoid the arrest, please apply for AB with said citation in my above post. (Recommended).

 

Once you get the AB or regular bail and the final Charge Sheet is filed then again go for quashing with speedy trial as I have suggested in my links. 

Sudhir Kumar, Advocate (Advocate)     09 July 2015

you have not been able to describe the problem.

Kamal Adidi (BE)     10 July 2015

 

Thanks for valuable reply. (A) ..Sir There is 15 days time limit given by HC to start mediation (if we agree for mediation which will be completed in 3 months time period) if we not agree then it comes to an unsucceful mediation. My advocate not agree for mediation due to the reason that we already know the end. Sir mediation is not the problem the problem is court order to submit heavy amount before the process of mediation from which Lump Sump total amount is given to girl side, in this case as we already know the end of mediation,then why we waste our money. (B) .. Review pet. is allowed in same court ? (C) ..We are belong from UP the order is from Allahabad HC. in UP, AB is not allowed then what is other solution. ..For first order whether with new order (inJuly)to arrest after unsuccessful mediation , Old order of Stay on FIR is Still working till Charge sheet or not. Thanks for yr Help Regards

Kamal Adidi (BE)     10 July 2015

Dear Sudhir kumar Sir

i cant understand...........? My quary is related to stay order on First Apel. that whether it is continued or end after 2nd one is ordered to Arrest after unseccesful mediation. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 July 2015

I don’t know exactly whether AB is applicable in UP or not.

 

Yes, you can apply for review petition in the same bench.

 

Or,

 

Since it is WP, you can challenge it to division bench.

 

I understand the contradiction of both orders. Please show both orders along with the citation that I have posted earlier in your review petition / petition in division bench, the best relives will be granted (If appear in-person and argue properly).

 

Or,

 

Submit only the order that gives more relief to you to the IO along with the citation of SC. Don’t talk about other (hush up other wink).

Kamal Adidi (BE)     12 July 2015

Dear Rocky Smith Sir,

Thanks lot for your valuabe reply. Really appreciate your response.


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