Whether stay on criminal proceedings will be vacted if the criminal case is transferred
Raj
(Querist) 05 June 2013
This query is : Resolved
Sir,
My family and I has been facing criminal trial at remote area in differnt state( u/s 498-A/406) and I have been granted stay on proceedings by the High Court of that state but during the stay we have to give personal appearances on every date of hearing which comes in 1 in every month due to the pendency of the matter before the High Court,....The local area is so much worst that no advocate from my city, delhi is ready to accomapany us for appaerance and my friend counsel has advised to file the Transfer application before the SC ...But I have doubt if the transfer application is allowed( though rare) what will happen on the stay..Again we have to file the criminal main application before the Delhi High Court for stay?? In that case if the case is transferred in that case what will happen to our petition ( U/S 482) filed before that state High Court??
Raj Kumar Makkad
(Expert) 05 June 2013
First of all ensure whether the transfer is possible or not.
There is no possibility of the transfer of a criminal case if the iota of cause of action had accrued within the area where such FIR was lodged so instead of diverting your mind and efforts, try to search competent local lawyer of that area wherein such case is under trial. There is no need to engage lawyer from Delhi for every area.
Devajyoti Barman
(Expert) 05 June 2013
If stay is granted no further proceeding is allowed to go further and hence no need to attend.
File the order of stay in the lower court so it may come to know about the order.
Raj
(Querist) 05 June 2013
To Mr Makkar Sir..The actual cause of action had arisen in Delhi and I have been advised to file Transer Petition on the ground of free and fair trail at Delhi which SCI may have the power to transfer on this grounds ( as there is standard of proof there for being assaulted there)
Raj
(Querist) 05 June 2013
To DevjotiBramna Sir,
We have file the certfify copy of the order but court gives us date on the basis of the next date of hearing of the High Court as the lower court is awaiting for the final order and matter in HC has been adjourning one after naother
Devajyoti Barman
(Expert) 05 June 2013
ok..but that does not mean you have to appear. The dates in lower court would be regularly given but no proceeding would be made.
Raj Kumar Makkad
(Expert) 06 June 2013
Supreme Court shall not hear you on the ground that free and fair trial is not possible in the State wherein the case is going on. You can be provided with the police security but transfer is rarest.
