Legal Question in Criminal Law in India
a person has been wrongfully alleged of sec 403 and sec 418 of Indian Penal code and in order to save himself has filed for quashing of the case against him in the concerned High court. in this situation doe the lower court where the case is be heard can the hearing continues or the hearing is suspended till the high court takes decision on quashing filed.
4 Answers from Attorneys
If the High Court has summoned the file of the trial court or has given a stay to the petitioner of the proceeding s before the trial court in these two circumstances the hearing before the High Court are suspended and not otherwise.
It is not the High Court but Trial Court proceedings are stayed or suspended .
an application for stay of proceedings in the lower court, can be filed along with the petition of quashing. your lawyer may argue for the stay of proceedings in the lower court and it is the discretion of the court to order the same or not.
stay can be brought on the proceedings of lower court by high court. apply for stay.
Related Questions & Answers
-
Its a correct one question, so please go through this & reply again. Need... Asked 5/18/11, 4:53 am in India Criminal Law
-
A Case ragistered in delhi, act 420,406,34 IPC, person (A) take few cheques from a... Asked 5/18/11, 3:28 am in India Criminal Law
-
A Case ragistered in delhi, act 420,406,34 IPC, person (A) take few cheques from a... Asked 5/18/11, 3:09 am in India Criminal Law
-
For my devorce case, I consulted a judge as my legal advisore. He suggested an... Asked 5/17/11, 10:25 pm in India Criminal Law
-
Hi i want to redraft my question here: my wife got divorce in Australia but also she... Asked 5/17/11, 4:22 pm in India Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
