Q Slinger (NA) 05 October 2014

Can a1 file for discharge in trial court when stay from hc

Dear Experts:

I am A1 in a 498a case. A2 to A4 have quash pending in HC and also have "stay on all proceedings till further orders" as well.

I, A1, recently filed discharge CrPC 239 read with CrPC 188 in trial court. PP's argument was because there is a stay from HC no petition can be entertained in trial court.

My question is:

1. Since there is no quash or stay on A1, would the PP's arguments be valid?

2. Are there any judgements that I can use in trial court to show that the petition from A1 should be honoured and case can proceed against A1 even if there is a stay for A2 to A4 in HC?

3. Any other arguments that I can use in trial court to ensure that Judge does not dismiss my discharge petition?

Regards

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5 Replies

Q Slinger (NA) 06 October 2014

Anyone?

AMAR RANU (Legal consultancy) 06 October 2014

During stay,nothing can be filed or heard before trial court.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 06 October 2014

there is any specific order regarding A1 or the HC passed a common order.

Q Slinger (NA) 06 October 2014

No order on A1, as A1 is not party to the quash petition.

HC passed stay on all proceedings for A2 to A4 as the quash is filed for them

T. Kalaiselvan, Advocate (Advocate) 11 October 2014

The stay order given by high court is to be seen for rendering proper opinion, if it is a general stay, then the discharge petition may be objected to by the PP owing to the stay of the case itself.