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Adjournment of case if party seeks to assail an order

(Querist) 18 November 2012 This query is : Resolved 
Dear Experts
I am looking for some light on the below matter -
In a criminal case against me, I have filed discharge petition u/s 239, which I have very high chances of being rejected by the lower court & I would like to go to higher court for revision. I would like to know as to - Is there any provision of law/Apex court judgement which governs the time given by lower court to a party to file for revision & seek stay order from higher court. Any ruling for case adjournment to give a chance to file for revision ?
Your expert guidance is utmost seeked.
Devajyoti Barman (Expert) 18 November 2012
It is 90 days for filing criminal revision from the date of order excluding the time taken for getting certified copy.
mycent (Querist) 18 November 2012
Thx Mr. Barman, but my question is not related to limitation period. My concern is whether there is any section to hold-back lower court from framing charge by giving short date, so that accused gets sufficient time to file for revision and get stay order from higher court.
Devajyoti Barman (Expert) 19 November 2012
Once you file the revision the lower court would give you time to obtain stay order in reasonable time.
So act fast.
V R SHROFF (Expert) 19 November 2012
You apply lower court, that I prefer appeal, and apply for true copy of Order.
Till then, order is suspended, i.e STAYED.

Shri Barman had clearly explained you. You may once again discuss with ur present Lawyer.
Raj Kumar Makkad (Expert) 22 November 2012
I do agree with Shroff.


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