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idiotsociety (Private Business)     22 November 2010

Stay ...Discharge

Hello Learned,

Do we need to apply for "Stay" on the case to apply for discharge of case (sec302&304B) on some the accused?

What will be the chances to get Stay? after postmoteum says that the death is due to self hanging. For apply  discharge of case on some of the accused or drop of the sec 302. of course we are confident that we will prove innocent in 304b.

How much time it will  take to discharge of case on some of the accussed? or on appliable of sec302

please help us answering these queries



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 November 2010

Yes application will have to be filed to stay the proceedings of the lower court.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     23 November 2010

If you are filing an application in the same court then you need not file an application for stay.  If you want file a write toi quash the FIR/Chargesheet then you will have to apply for the stay of the proceedings of the LC

1 Like

(Guest)

Post mortem certificate will not have the word self hanging. only it would have stated the ligature marks around the neck and the cause of death wlll be due to asphyxia.   So file a discharge petition and get remedy 

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