498 a case

Maria (Querist) 26 December 2024 This query is : Resolved
i am accused and i got stay in 498a case till dec 12, however now to apply for futhur stay
i was informed that my court file is not there and is missing, hence i complaint to the registrar,
post which we informed the judge asking to lookinto the matter
the trial has not started in lower court,
wat measures can i take

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Quick Summary

If your court file is missing in a 498A case and you have an existing stay order, you should inform the registrar and the judge. The responsibility for the missing file lies with the court, not the accused. If the High Court bundle is missing, await the registrar's response. Your advocate's advice is crucial, especially regarding any extension of the stay order or appeals filed.

T. Kalaiselvan, Advocate (Expert) 26 December 2024
The stay order will be passed by the high court and not the trial court.
Are you referring to the high court bundle that is missing or in the trial court?
You are an accused in the case hence it is not your problem if the trial court bundle is missing from the trial court but if the high court bundle is missing, since you have already mentioned about it to the registrar, you wait for their response.
Whether the stay order was extended beyond 12th December?,
What is the opinion of your advocate who is handling this case in high court?

Dr. J C Vashista (Expert) 28 December 2024
Whether you or your spouse has moved to appellate court to seek stay order on the order passed by Trial Court ?
If you have filed appeal it is responsibility of Trial Court to forward judicial file.

P. Venu (Expert) 03 January 2025
A litigant need not be concerned about the missing file; it is the Court's responsibility.

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