prof s c pratihar (medical practitioner &legal studies) 04 July 2009

delay in cr rev disposal

dear sir most of you know that against the order of suborordinate cri court somebody preferred rev s.401 before the high court.high court passed an order for issue notice and stayed the lower court proceedings for four weeks.kindly be very specific whether the court below can proceed with the case if the case is not listed or court is too busy to hear the case or failed to extend the extension of the stay order. thanks in advance

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Swami Sadashiva Brahmendra Sar (Nil) 04 July 2009

Technically, the lower court is free to proceed after expiry of date till when the high court had stayed the proceedings. but wisdom requires (and normally the lower courts do so) that party should be asked to produce stay extention order and the case be adjourned for another date.