Stay

This query is : Resolved 
 

(Querist)
20 August 2019

I filed quash petition in High Court unfortunately stay has not granted
Now i am filing petition in lower Court under Section 407 (6) CRPC read with 309 CRPC.

Section 407 (6) CRPC : "Where the application is for the transfer of a case or appeal from any subordinate Court, the High Court may, if it is satisfied that it is necessary so to do in the interests of justice, order that, pending the disposal of the application, the proceedings in the subordinate Court shall be stayed, on such terms as the High Court may think fit to impose:
Provided that such stay shall not affect the subordinate Court' s power of remand under section 309.

OR

If Not

What is the provison to lodge stay petition in lower Court in respect of NI Act case

kindly guide me



Dr J C Vashista (Expert)
21 August 2019

Incomplete facts.
It would be advisable to consult a local senior lawyer with relevant records for better appreciation of facts and guidance.

GANGO PADHYAYA (Querist)
21 August 2019

Fact is that
PETITION FILED UNDER SECTION 408 (3) & 407 (6) Cr.P.C READ WITH 309 OF Cr.P.C.:
this petition can file in lower court



SHIRISH PAWAR, 7738990900 (Expert)
22 August 2019

It is not possible to file Petition u/s. 408(3) and 407(6) of Cr. P.C. before lower court.

GANGO PADHYAYA (Querist)
28 August 2019

Then what is the procedure to stall proceedings in lower Court
and guide me what type of petitions can file in lower court to prolong litigation in NI Act

GANGO PADHYAYA (Querist)
28 August 2019

Then what is the procedure to stall proceedings in lower Court
and guide me what type of petitions can file in lower court to prolong litigation in NI Act

KISHAN DUTT RETD JUDGE (Expert)
29 August 2019

Dear Sir,
You may conveniently file a transfer petition along with stay petition and get appropriate orders.



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