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Siv (engineer)     14 May 2012

Need suggestion

Hi All,

 

While High Court stayed all proceedings of 498A case in Magistrate Court (trial court), including appearence of accused till next hearing in High Court, can Magistrate Court (trial court) order the accused to present to frame charges againt the accused?

 

In my case, the High Court stayed all proceedings in trail court, in cluding appearence of accused A2 to A4. Accused A1 is attending the case on every hearing. During last hearing the Magistrate asked me to bring the other accused to court so that he can frame charges against me and other accused.

 

I submitted that High Court stayed proceedings including appearence of accused. Even though the judge asked to bring the other accused to court ....

 

What should I do.... do I follow the magistrate court order or shall I depend on High Court order to avoid appearing in court for the Accused-A2 to A4.

 

I fear that if I do not follow the Magistrate court order, later Magistrate may get angry and do problems to me....



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 May 2012

When proceedings are stayed by the hihg court, then Lower court cannot frame charges, if it does so then it amounts to contepmpt of court.

Siv (engineer)     14 May 2012

If I raise the point will the Magistrete would get angry.... ?


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