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Ark (Learner)     24 September 2015

Two stay order for same proceeding. which one would lead ?

We have a criminal proceeding (u/s ipc 498a).

1. accused(s) files for cognigance quash. Gets stay order on proceeding of Lower court. Final judgment is awaited.

2. Later, Accused(s) files for partial quash for certain condition of bail. Gets stay order on proceeding of lower court.

3. Stay order gets vaccated by final judgement of cognigance quash. And final hearing of partial quash is still pending.

my question is, whether proceeding at lower court would resume back, or it will remain stayed due to stay order by partial quash petition?

plz help. Thanks in advance.



Learning

 1 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     24 September 2015

The proceeding stand pending till the final disposal of both the quash petitions.


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