One person filed a False FiR against one of my friends with connivance with unscrupulous police. Police submitted a charge sheet against my friend. Summon was issued by the Chief Judicial Magistrate to appear. My friend approached the Hon High Court for Quashing the case. Hon. High Court has put a STAY on further proceeding of the case. My friend's lawyer submitted the High Court order before the magistrate. Surprisingly, even after that the magistrate kept on giving dates for appearance for 3 dates. Now, the magistrate has issued Arrest Warrant against my friend inspite of the High Court STAY order.
Kindly inform what should be done now.
1st of all, if your friend didn't appear before the CJM court against the summons issued by it, then warrant issued against him was legal. Probably stay from H.C. your foolish lawyer may have taken against the proceedings in the CJM court and may have not mentioned about the stay of warrant too. Submit an application to CJM to recall the warrant. Forget about contempt against CJM, your foolish lawyer will be rebuked by H.C.
you need to file application for re-calling of warranat and mean while coney the oredr of High court to the Magistrate. You should also file an application to call records from the Magistrate Court in the High Court , the proceedings will automatically halt.
As it is criminal case he has to appear before court is quiet essential until stay is vacated. Or not.is unnecessary.even it is false case he can challenge and become acquitted. The H.C advocate cleverly fooled u . U people don't believe localadvocates and becomes prey for high court advocates . They simply gives one worthless order by charging Rs30000to40000.if u engaged local clever advocate he was aquittied u within rs10000.