Stay

kunhi marakkar (Querist) 16 May 2015 This query is : Resolved
Sir,
I have to face criminal case(IPC 471) in magistrate court. Actually the case is fake.
But now I cannot appear in front of court due to my work( abroad).if I try to get a stay on this case from upper court,should I appear there?or can any lawyer do for me the proceedings? If so ,in which court consider stay petition?

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Jeetender Gupta (Expert) 17 May 2015
You can file quashing & stay on criminal proceedings in high court u/s 482 crpc

Sudhir Kumar, Advocate (Expert) 17 May 2015
you cannot seek stay of criminal case simply because you have work abroad.

Rajendra K Goyal (Expert) 17 May 2015
Stay can not be granted.

Guest (Expert) 17 May 2015
Righly advised.

T. Kalaiselvan, Advocate (Expert) 18 May 2015
You have to approach high court alone for the desired relief, contact a lawyer from your locality, he/she will take care of other issues involved in it.

Biswanath Roy (Expert) 27 May 2015
The reason that you are residing abroad does not qualify bonafide and cogent reason for stay of a criminal proceeding save and except under strict compulsion of the situation stay of proceeding cannot be granted. Only a tactful Senior counsel of High Court knows that presentation of compulsion.

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