Hi all,
In my false 498a case (of 2005), the state prefered writ peition u/s 482 crpc & art 227 in High court against the order of evidence closed of prosecution (3rd times, for I.O.) on 30/01/13 and kept for final arguments (3rd time). the prosecution seek ajourment on the day when prosecution application u/s311 crpc for calling I.O. rejected and seek next date for argument as he's not prepared. However, on day of final argument PP file application for stay the proceeding/trial u/s 309crpc, as state(pp) has prefered writ petition before law & judiciary dept. for filing petition in High court but till date prosecution has not recieved any communication about filing or any order passed therein, hence need stay of this trial for 3 months. The JMFC court allow the application and asked to file particulars details of writ petition on next date. But on next date PP remain absent and court gives another date after 2 weeks. It's to be noted that I.O. having been summons since from Jan'2011 to Dec'13 (i.e. about 24 summons and two thru commissioner of police for which wireless message send to I.O. reports file by police twice as he got transfer to other district). Also, the trial pending in same state as were High Court was just 30km far from the JMFC court.
kindly advise that JMFC court can stay/hold the trial without any order of stay from high court. and judgment on this regard will be additional help to me.
