Charge framing in 498a whereas quash is pending
sunderam s
(Querist) 22 February 2017
This query is : Resolved
Dear Sir,
kindly suggest what to do in the circumstances that the lower court's charge framing date was 18-02-2017 and now gave another date 0n 06-03-2017 . Where as quash petition is already filed before high court against the discharge order of session court.
my lower court advocate is saying that no other date will be allowed and all the accused must be presented on 06-03-2017.my advocate of high court of patna is saying no any action will be taken by the lower court as the quash petition is filed before the court and lower certificate provided to file before the lower court.
but my lower court's advocate is saying that no certificate of lower court will be accepted by lower court.
kindly suggest how to take stay from patna high court or what to do on 06-03-2017 if no stay is granted as my advocate is saying that court is once in a week so listing of case is not possible.
kindly suggest for proper course of action may be taken.
Sudhir Kumar, Advocate
(Expert) 23 February 2017
so far you have no order of quash.
The lower court is not bound to stop proceedings. Any accused not present on any date may take for sure that bail is cancelled.
Rajendra K Goyal
(Expert) 23 February 2017
Accused should attend the court in absence of stay from High Court on proceedings.
Madhava Rao Gorrepati
(Expert) 24 February 2017
Since there is no stay from High Court, you have to attend the trial court unless your attendance is dispensed with for that day. mere filing of quash proceedings does not operate as stay. What is discharge order of Sessions Court? do you mean to say -- you argued for the discharge in the trial court and lost there and you took the matter to the session court and lost there also and now you are trying your luck at the High Court. Right? go according to the advice of your trial court lawyer.
