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swagath (md)     28 December 2012

Crpc 482

I have filed a criminal petition for quash of proccedings at fast track of 498A and the high court wa pleased to stay the proccedings of the lower court but the lower court judge is compelling for appearance before him on every date.

is it mandatory even if stay if operating

if yes please explain if no please tell nay case law or any citation.


 3 Replies

Tarveen (Self Employed)     29 December 2012

It is mandatory for both the Complainant and the Accused to be present before the Hon'ble Court on all the dates fixed by the said Court. Though the PO may dispense the presence upon exercising its discretion if it seems fit and proper in the circumstances of the case in hand. It is the discretion of the court but you may file an application seeking exemption from the court stating  your bonafide reasons.

One has to see the order of stay passed by the Hon'ble High Court in order to ascertain whether the proceedings before the Ld.Judge at the Lower Court is covered entirely or not or to what extent it covers. Without looking into the order it is difficult to suggest you whether the Ld. Lower Court judge is exercising its discretion appropriately or not.

Nadeem Qureshi (Advocate/     29 December 2012

Dear Querist

marely fileing the quashing petition can not stay the proceeding of lower court. Lower court is only bound after getting stay order from HC.

Feel free to call 

swagath (md)     29 December 2012

mr Nadeem thanks for reply i have filed the quash petition and an IA with it and then the court was pleased to stay the proceedings at lower court and the certified copy was produced by me and the high court had also sent a copy to the PO and the judge has acknowledged the high court order now is it mandatory to go to court after stay stay order only says all further proceeding are stayed

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