For committing file in session court
Amit Maheshwari
(Querist) 22 July 2014
This query is : Resolved
Hello to all Respected Experts ,
this is a matter u/s 308,323,504,506 IPC . A Cross case was also lodge on Afflicted u/s 323,504,506 IPC. I am Lawyer of Afflicted person .
in this regard Accused gone to high court through Application u/s 482 but high court says Having considered the Uncontroverted prosecution version, as it appears from the F.I.R. and the record of the case, a prima-facie offence is made out against the applicant/Accused.
And on the cross case i got a order from HC Till the next date of listing, further proceeding of this Case under sections 323, 504, 506 IPC shall remain stayed.
Before one month ago accused apply for bail and got bail . after this on next date I submit a application in MM Court to commit the file in Session Court and accused also submit a application that in cross case high court is to stay the proceedings and cross case and this case will go on together so this case will also stay on for this reason . And they say i will show ruling for this and court accept his application and given next date for objection .
Can MM court has power to stay this on this stage when HC did not give any relief to Accused u/s 482 application or is this application is maintainable . Is it possible to stay this case for reason cross case stayed .
Devajyoti Barman
(Expert) 23 July 2014
Chief Judicial Magistrate can do so while disposing of an application filed u/s 410 of crpc.
Raj Kumar Makkad
(Expert) 23 July 2014
There is no justification to stay the proceeding of the separate complaint filed by the complainant if high court has not stayed it.
Raj Kumar Makkad
(Expert) 23 July 2014
Practically court can do this as the matter is same and is required to be decided simultaneously.
Amit Maheshwari
(Querist) 24 July 2014
sir at this position/stage can lower court do stay when accused got bail and case is now going on trial . I discussed many senior lawyer in kanpur court they told me that there is no such any ruling to stay this case bcz case and cross case are two different versions of a crime/incident . which are crossing/cutting each other . one is true and another is false when HC did not give any relief to prime case and stayed proceedings on cross case then there is no doubt to commit this file in session court for trial but at time of decision both cases will finalized together . is it right or such any ruling or guidelines is in your notice or information . Please guide me .
venkatesh Rao
(Expert) 25 July 2014
The high court would be slow in staying such matters. In my opinion the case has to be committed u/s 323 cr.p.c to sessions court; though yet offence punishable is not triable by sessions; yet it is a counter case.
