Got a stay order on my 498a/406 from HC based on CrPC 188.
- Counsel for the petitioner states that larger part of
the transaction has taken place in United States of
America and, therefore, the petitioner cannot be tried
for a matrimonial dispute in India.Rely upon
Harmanpreet Singh Ahluwalia Vs. State of Punjab &
Ors. (2009) 7 SCC 712 in support of the contention
raised.
Issue notice to the opposite party for 21st November, 2012.
Meanwhile further proceedings qua the petitioner in the
court below are stayed.
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The above citation has been made by the judge himself, since we never made this citation in our petition :) We had cited, Thota Venkateswarlu v. State of A.P., (2011) 9 SCC 527, which we anyway will bring up during
next hearing.
Does by citing Harmanpreet Singh Ahluwalia Vs. State of Punjab &Ors. (2009) 7 SCC 712, judge seems to be hinting that even in my case, it has been filed with malafide intentions and can be quashed ?
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All >>A lookout notice issued against me, after I returned to India. Also there is a bail condition, that I cannot travel outside India without prior court notice. If so, how exactly should I proceed ?
Opp party trying hard to get my bail rejected. They had filed a seperate petition in trial court as well, in this respect. I understand that the above HC stay order will put a stall to all such lower court proceedings.
Should I file an application to remove LOC and relax by bail condition together in Trial court or in High Court (got AB from HC, which has now been regularized by trial court).
Need your advice urgently to save job.