can a1 file for discharge in trial court when stay from hc

This query is : Resolved 
 

(Querist)
05 October 2014

Dear Experts:

I am A1 in a 498a case. A2 to A4 have quash pending in HC and also have "stay on all proceedings till further orders" as well.

I, A1, recently filed discharge CrPC 239 read with CrPC 188 in trial court. PP's argument was because there is a stay from HC, no petition can be entertained in trial court.

My question is:

1. Since there is no quash or stay on A1, would the PP's arguments be valid?

2. Are there any judgements that I can use in trial court to show that the petition from A1 should be honoured and case can proceed against A1 even if there is a stay for A2 to A4 in HC?

3. Any other arguments that I can use in trial court to ensure that Judge does not dismiss my discharge petition?

Regards


Q Slinger (Querist)
06 October 2014

Can anyone comment or give their views?

Isaac Gabriel (Expert)
06 October 2014


The literal meaning itself is transparent that the trial court cannot proceed.

Q Slinger (Querist)
06 October 2014

But A1 is not party to the quash.

Q Slinger (Querist)
06 October 2014

Does that mean the trial court cannot even look at petitions either?

What if A1 wants to proceed with the case and get it over with? Wouldn't it be unfair for trial court to acknowledge his petitions because A2 to A4 got a say in their case?

Pratap K Pushpakaran (Expert)
07 October 2014

a1 may also approch the high court either to quash the proceedings or seeking direction for speedy disposal of your discharge petition. the proceeding once stayed by high court shall be binding on all the parties to the proceedings unless specifically mentioned in the order

Raj Kumar Makkad (Expert)
08 October 2014

The stay order is required to be gone through. If the order contains the specific order that the trial shall remain stayed then lower court can do nothing.

T. Kalaiselvan, Advocate (Expert)
09 October 2014

The contents of the stay order are to be seen for giving more opinion to it. In general, if the proceedings have been stalled by high court, whether you are party to the petition or not, you may have to wait for resumption of the case in the lower court after vacation of the stay.



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