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Stay on criminal proceedings before lower court (jfmc)

(Querist) 25 November 2014 This query is : Resolved 
Respected Sir,

My application for recall witness under crpc 311 is was rejected by JFMC court.

Now i want to file revision petition for said
application before district session court.

at that time i am in confusion situation becoz
i have hear about revision petition and stay both have to file, but my lawyer said there is no need of stay, and he misgiving about stay order proceeding on lower court trial.

so pls clarify procedure of Stay on criminal proceedings before lower court
(JFMC)
pls
Devajyoti Barman (Expert) 25 November 2014
You must ask for stay order, else the lower court would proceed with trial.
The stay can be prayed for in the same revision petition.
Rajendra K Goyal (Expert) 26 November 2014
Pray for stay of proceedings at the lower court with revision petition.
ajay sethi (Expert) 26 November 2014
agree with experts
Mayank (Querist) 26 November 2014
Devajyoti sir, goyal sir and ajay sir thank you. very much
Nadeem Qureshi (Expert) 26 November 2014
nothing left to add
Shailesh Kr. Shah (Expert) 26 November 2014
rightly advised by learned experts.
T. Kalaiselvan, Advocate (Expert) 28 November 2014
Yes I agree with the views of experts that simultaneously a prayer for stay also to be made in the revision petition.


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