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Anil Agrawal (Retired)     19 August 2009

High Court order

Petitioner files an appeal to the High Court for quashig proceedings in a Magistrate's Court in a criminal court. The petition is rejected.

How long does it take for the High Court order to reach the trial court? A month? A year? More than a year?



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 7 Replies

Kiran Kumar (Lawyer)     19 August 2009

there is no such period prescribed.

 

generally what happens when the certified copy is applied for the High Court simultaneously sends a copy to the trial court as well.

 

if you are facing some trouble at this end then please get the certified copy from the high court and place it on record before the trial court.

 

otherwise also now the internet has been of quite a gr8 use, in states like Punjab and Haryana, Courts can directly check the status and orders online....all the judges here have been provided with Laptops and internet connections.

 

as far as your query is concerned no such period is prescribed....u just check up that whether the dismissal orders have been passed and duly signed by the HC judge.

Anil Agrawal (Retired)     19 August 2009

I confirm that the dismissal order has been passed and signed but not reached the trial court.

Anil Agrawal (Retired)     19 August 2009

Does the High Court automatically send the order to the trial court after the order is passed and signed?

Kiran Kumar (Lawyer)     19 August 2009

Anil Ji, i practice in Punjab and Haryana High Court and as a matter of procedure here all such orders are sent to the trial courts.

 

i dont know what happeing there in Maharashtra (where you live).

 

my suggestion is if it has not been sent or if it is not being placed on record intentionally.....then better you apply for the certified copy in the high court and place it on record before the trial court.

 

when a particular matter is decided then any one from the public can apply for its certified copy.  as the matter is already decided so you can personally apply for the certified copy.

 

we have got few lawyers from Maharashtra here, hope someone comes forward to help you out.

Anil Agrawal (Retired)     19 August 2009

The case in question relates to Patna where the order was passed on 4/7/2008 and it has not reached the trial court as yet.

I have been all along under the impression that copies of orders/judgements of High Courts/Supreme Courts are given to the partiies to the case and members of general public cannot apply for them.

Please confirm that any citizen can apply.

SANDEEP GOYAL (Lawyer)     19 August 2009

if you are not a party to the matter, you cann't apply for the certified copy of the order/judgement. in these circumstances if you have case no. or party name or advocates name you can search on internet on the patna high court official website and you can take a print out. you can show this printed copy to the magistrate. he may consider it.

Anil Agrawal (Retired)     19 August 2009

How the judgements are reported in the AIR etc.? Is there special arrangements whereby they can obtain all the judgements and the published judgements are treated as authentic?


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