Stay order - personal apperance dispense ?
Niviya Pilai
(Querist) 12 January 2020
This query is : Resolved
I am Party in person. I applied for quash along with stay in the criminal CC in which I am arrayed as A1. Stay is granted now at HC. Quash petition in progress.
1. Do I need to spefically apply for dispense from personal appearance or does this stay order wil suffice personal appearance dispense in trail court?
2. Do I have to present the stay order to the trail court by myself or that will be taken care by PP?
P. Venu
(Expert) 12 January 2020
Yes, you need to file the stay order in the trial court.
Raj Kumar Makkad
(Expert) 13 January 2020
1.It automatically implies dispensation of your personal presence in the criminal complaint case.
2. You are required to submit the certified copy of the order before Trial Magistrate.
T. Kalaiselvan, Advocate
(Expert) 17 January 2020
stay order is to stay the proceedings however the court may post the case regularly every month, hence your appearance is necessary during the dates of hearing or else the court may issue NBW against you.
Therefore it is better you appear before the trial court once and submit a petition under section 205 Cr.p.c. to dispense with your personal appearance before court till then and also submit the copy of the stay order
