for Case Law

Querist : Anonymous (Querist) 05 December 2010 This query is : Resolved
can an accused person filed time petition one after another when case stage for framing charge ,
on ground of pending a criminal misc. in the high court

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Arvind Singh Chauhan (Expert) 05 December 2010
Yes but to allow or reject his plea depends on the discretion of court, in absence of any stay order from higher court.

Arun Kumar Bhagat (Expert) 05 December 2010
The Court may pass order to bring stay order in default Charge shall be framed.

Guest (Expert) 05 December 2010
i do agree with Arvind....

Khaleel Ahmed (Expert) 05 December 2010
yes

Devajyoti Barman (Expert) 05 December 2010
If the high court does not grant stay then the court should not adjourn anymore.

adv. rajeev ( rajoo ) (Expert) 05 December 2010
Yes he can file but court may insist your advocate to keep him present if accused remained absent for the long time.

SANJAY GUPTA (Expert) 05 December 2010
Yes Agreed with Mr.Burman

Advocate. Arunagiri (Expert) 05 December 2010
If there is no stay granted by HC, the trial court need not stay the proceedings. But, the magistrate is having the discretion to post pone the framing of charges citing the HC case.

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