MASTHAN (Self employeed) 26 October 2010

have stay order but still lower court judge asking to attend

Hi All,

My 498A quash petition is pending in HC. We got the stay order. In the stay order it is mentioned "There shall be interim stay of all further proceedings in CC XXX for four weeks".

Today we have trail date in the lower court, my brother went along with order copy. Judge asked my brother to file petition for all other accused people. My brother replied that we have stay order thats why the other peoples not attended. For that judge said that stay order is only for proccedings not for appearnece.

Now what I need to do? Shall I ask my HC advocate this and correct the stay order copy as "interim stay of all further proceedings including candidate appearence" ? Is it possible to correct the stay order like this?

Thanks,

Masthan

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 26 October 2010

Yes you can also seek for the personal attendance

bhupender sharma (head) 27 October 2010

u may file an exemption applicaiton for exemtion form personal apperence under section 317 of the code of crmianal procedue along with the copy of the order. That is the best opton.