Hi,
Three weeks back, HC has stayed the entire case for all the family members including husband for 498A case which includes package of other IPC sections as well. In order it was mentioned that stay of all further proceedings for all the petitioners and list the case in 1st week Mar'14 and also nothing is mentioned about the personal appearance.
Took the certified copy of the order and submitted to trial court. Trial court judge told husband that all his family including him has to come for all hearings as in order it has not been written that "Stay is including the personal appearance of petitioners". And trial court judge is giving dates twice per week and asking all the family members to be present in person as its criminal case. HC lawyers says, he cant put urgent petition to hear this matter and telling us to wait until it lists as per the HC listings. and lower court lawyer says that wordings are required mandatorily, all the persons are travelling 300 Kms to attending on hearing dates only for getting adjournments, till now everyone attended 4 out of 6 hearings and if we are not going then lawyer is asking Rs 250/- per person per hearing for filing absent petition.
Please help. There is one SC judgment where the law was settled that "Stay also includes the personal appearance of accused persons before the court", but couldn't find even in web. Please let me know if you know judgement, atleast giving the hint about the names of parties which were in that SC judgment will be helpful. Even if its AP HC judgement then it will be useful. Thank you.
