What to do after quash

Ranganath (Querist) 12 April 2012 This query is : Resolved
Ld Counsels,

Once HC quashes criminal proceedings, can the accused produce the quashment order before the trial court day before the adjournment date for dropping further proceedings. Is there any provision of law under which this application to drop the proceeding be made.

Or is it mandatory to produce the order on the day of hearing in the trial court.

Please clarify. thanks.

Follow Query

Report Abuse

Nadeem Qureshi (Expert) 12 April 2012
Dear Querist
you should file certified copy of the HC order before the court.

ajay sethi (Expert) 12 April 2012
agree with nadeem . obtain certified copy of order and draw attention of trial court to the same

Raj Kumar Makkad (Expert) 12 April 2012
There is no need to wait for the actual date of proceeding. If the accused has certified copy in his hand then on any day, he can move an application to this effect and after providing notice to the complainant side, the court can take action as per directions of High Court.

Devajyoti Barman (Expert) 12 April 2012
In most of the cases the parties need to produce the order as the order of the high court in usual practice is intimated to the lower court by the high court itself.
If not then on the next date of even prior to it the lower court may be intimated about this by way of filing its certified copy.

Advocate Bhartesh goyal (Expert) 13 April 2012
Agree with experts.

SAINATH DEVALLA (Expert) 13 April 2012
Dear Ranganath,

Even the printout of the quash order available on the net is enough,to be submitted in the trail court,before the dateof the next adj.

venkatesh Rao (Expert) 13 April 2012
You have to produce the certified copy before the trial court and need not wait till the next date of hearing. Any application filed on criminal side in lower courts have to be heard on the day of filing and there is no provision for advancement.