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rajesh (officer) 18 September 2010

DV complaint quash appl. at HC- lower court case halted?

I have just filed quashing petition for Domestic violence complaint in the High court. A draft is attached in my earlier post and repeated herewith. Please be kind enough to study the same, Sirs. The matter in the JMFC court had progressed upto the stage of complainant's cross-exam and just before my own statement. I have requested my lawyer in the lower court to apprise the JMFC about my petition in HC. He said I will get only about one more date and the matter will proceed in the lower court pending petition in HC.
Is it not true that lower court will have to put it on hold till the result in my quashing petition comes? Kindly suggest.

Rajesh.

Learning

8 Replies

suresh (Advocates and Arbitrators) 19 September 2010

Dear Sir,

In this case you have to file a petition for interim stay. if stay is granted by the Hon'ble High Court then the matter before JMFC will be stopped and the case will be adjourned as "stayed by High Court". If no stay is granted, then case will be proceeded further in JMFC.

(Guest)

Need to re-frame the question i.e.

Quash petition for DV put stay on proceeding of DV case in Lower court

If yes what is the procedure.

Or Appellant needs to file separate petition of Stay with Valid Reasons?

Please Experts / Lawyers Need your input.

(Guest)

Need to re-frame the question i.e. Quash petition for DV put stay on proceeding of DV case in Lower court??

If yes what is the procedure. Or Appellant needs to file separate petition of Stay with Valid Reasons?

Please Experts / Lawyers Need your input.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 19 January 2012

If there are valid reasons prima facie, yes it can be stayed.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

rajiv_lodha (zz) 19 January 2012

But the question is-----Does the applicant have to give SEPARATE PETITION FOR THE SAME OR IT HAS TO BE PRAYED IN THE MAIN ONE?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 19 January 2012

which state you belong, normally quash are not entertained but recently that is last week BOMBAY HIGH COURT has given good judgment for QUASH.

THOSE IN KNOWLEDGE PLEASE POST FOR BENEFIT OF OTHERS.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 31 January 2012

A separate petition for stay is required.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

fighting for my brother (HR) 31 October 2013

bad trapped and Rajesh are same person?... it took you 3 years to get a stay order from HC?

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