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Condem of high court order

(Querist) 03 August 2008 This query is : Resolved 
There is a case regarding quashe of FIR, now order on 22-april -2008 from the court to stay on the proceedings till the next date of hearing which was on 8th may 2008 to state as well as to PS & IO, but IO has filed the charge sheet on 2nd of may 2008 then on 8th court has demanded the explanation from the state as well as from the IO " inspite of stay why? charge sheet has been filed, there in reply IO has demanded the unconditional apologies from the court that she(IO) did not notice "Stay"... Pls. give me the advise how to go about it? and can i approach to the junction where the charge sheet has been filed, pls. guide me the way out of this!!!! Thanks, Shekhar
Srinivas.B.S.S.T (Expert) 03 August 2008
The chargesheet can not be looked into and if you want you can press charges against the IO for contempt of court. Fisrt tell me how the lower court received the charge sheet eventhough there a stay?
deepak kumar (Expert) 03 August 2008
in view of the later developments you may amend the prayer in your petition and go in for quashing of the entire proceedings.
The action against the erring official is a different matter and it may go on separately and it has nothing to do with the status of your case



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Shekhar (Querist) 03 August 2008
Thanks for reply, In reply to Srinivas: the matter is always a part of the High court it was never went into lower court so lower court never knew about this proceeding! there must be some saction through which i can share this information to lower court about the "stay" and related to entire proceeding!!! ...
Shekhar (Querist) 03 August 2008
My query is not reloved!!! Pls. give advise
anantha krishna n.v. Advocate (Expert) 04 August 2008
filing of charge sheet inspite of stay is a matter the high court would take care of with the IO. you do not worry about it. Your job ends the moment you brought the same to the notice of the High Court. Please focus on the merits of your quash petition. Once quash petition is allowed, what if the chargesheet is filed?

anantha krishna n.v.( Advocate, AP High Court, 9246531895)
Srinivas.B.S.S.T (Expert) 05 August 2008
Right said my friend. Dear Shekahr it is not your duty to intimate the matter to the lower court as the high court will always mark a copy of its order to the lower court as well as to the IO.
Shekhar (Querist) 08 August 2008
but as i see there is no marking as such to lower court! in the order
Srinivas.B.S.S.T (Expert) 09 August 2008
Sir every order of the High Court shall be marked to respective parties as well to the lower court. Please verify your order copy or enquire in the high court registry, where you can find out the dispatch number through which the order copy was sent to lower court.
Shekhar (Querist) 09 August 2008
Thanks Sri, i will check it and see...
As you said in the very answer/ reply that " charge sheet will not be looked in to", would you pls. explain this ?

Regards, Shekhar
Shekhar (Querist) 09 August 2008
Pls. Reply...
Srinivas.B.S.S.T (Expert) 14 August 2008
The Charge sheet filed before the lower court cannot be considered as there is a stay by the high court. The lower court is bound to return the chargesheet. For the first instance it cannot take the chargesheet on file as there is a stay order from the high court to proceed in that case.
Shekhar (Querist) 14 August 2008
Thanks Sri, Regards Shekhar
Shekhar (Querist) 23 August 2008
Sri, can i go to MM of the concern PS? to submit the stay proceeding as a caution point of view if MM did not recive the same i can provide the Stay proceeding order copy of the High court...
deepak kumar (Expert) 24 August 2008
chargesheet is filed after completion of an investigation, it is an irreversible action and only exception to it is under section 173(8).
if the stay order is on lower court records then the chargesheet will be attached with the records but it will not be looked into by the Magistrate during the period the stay is in force.


advocatesdiary.blogspot.com
Shekhar (Querist) 08 September 2008
Dear All, As i saw and verified that there is no information regarding the Stay proceeding to lower court, as discussed with the ahlmed and the reader of the court.. he said " write a application to court about the stay Proceeding to the lower court(This court) pls. guide me !!!
PALNITKAR V.V. (Expert) 22 February 2009
If stay order is not communicated to the lower court then the court is not at fault. You should bring this fact to the notice of HC and try to get the proceeding quashed by making suitable amendment.


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