Appl. rejected
S. S. Rathi
(Querist) 20 December 2015
This query is : Resolved
Sir
I have filed 156 (3) complaint in 2010 and FIR register in 2010 after order by CJM, but other side appear to High court for Quashing but matter admitted in 2010 and matter goes for mediation two time but mediation again failed in 2014 and matter stand for Final hearing
Even I have filed early hearing application as party in person but same was rejected by Honble court stated that applicant absent, no case for out of turn hearing, appl. Rejected, even I’m present one hour late due to bus strike and request to kept back matter .
What can I do ? pls guide
Kappil Cchandna
(Expert) 20 December 2015
Sir,
File for the restoration of the same application before the same court.
Warm Regards
Kapil Chandna Advocate
9899011450
Advocate. Arunagiri
(Expert) 20 December 2015
Only the interim application is rejected. Still you have your main case live.
Contest the case when it is listed.
Dr J C Vashista
(Expert) 21 December 2015
I agree with expert Mr. Arunagiri, there is no such adverse order on the main petition u/s 482 Cr. PC filed by accused for quashing of FIR.
Contest the same with tooth and nail but be punctual (rather 30 minutes earlier then the stipulated time so that you are able to attend the proceeding and submit your assertions).
It would be advisable to engage a local prudent lawyer for proper proceeding in a professional manner.
Rajendra K Goyal
(Expert) 21 December 2015
Wait for the hearing of the main case.
S. S. Rathi
(Querist) 21 December 2015
SIR
Cr. WP already stand for final hearing since 2014, but due to reject this fresh appl. file by me as Party in person, now how can i take further steps for restoration and where to file appl. or take directly circulation as cr. wp already fix for final hearing ?
pls guide and help me
SURESH BV, Advocate
(Expert) 21 December 2015
Dear Mr.S.S.Rathi,
The point to be noted here is that the Hon'ble High Court has admitted the matter and there is no reference of granting stay of the proceedings before the trail Court. Hence, as I see there is no hindrance for the trail Court to proceed with the case in the absence of the stay order. After hearing the matter finally by Hon'ble High Court, if matter is allowed the proceedings will be quashed or if the matter is dismissed the proceedings of the trail court holds good. Therefore, instead of going behind the final hearing of the case before the Hon'ble High Court, it would be better for you to concentrate on the proceedings before the trail court and insist the trail court to go-ahead/proceed with the case in accordance with law.
S. S. Rathi
(Querist) 22 December 2015
Thank you very much for ur valuable suggestion which definatly helpful in my matter but one fact is that when matter admitted and send for mediation in 2010 at same time High court order that" Not issue any notice to petitioner(writ petitioner) till further orders"
It means stay already given ??
SURESH BV, Advocate
(Expert) 23 December 2015
Dear MR.S.S.Rathi,
Please do not assume anything. Check the Order Sheet of the case in High Court.
S. S. Rathi
(Querist) 24 December 2015
sir im not assuming, in 2010 HC send matter for mediation and order pass that " Not issue notice unless petitions decides on merit" & file mediation report by next date...
but matter again send for mediation in 2014 but mediation failed
S. S. Rathi
(Querist) 24 December 2015
sir im not assuming, in 2010 HC send matter for mediation and order pass that " Not issue notice unless petitions decides on merit" & file mediation report by next date...
but matter again send for mediation in 2014 but mediation failed
S. S. Rathi
(Querist) 24 December 2015
sir im not assuming, in 2010 HC send matter for mediation and order pass that " Not issue notice unless petitions decides on merit" & file mediation report by next date...
but matter again send for mediation in 2014 but mediation failed
S. S. Rathi
(Querist) 27 December 2015
Sir
pls confirm how to restore the same appl. and what is time limit for the same
