suraj singh (engineer) 06 April 2015
bail is granted by highcourt , but i dont want to appear in lower court at dates . as i live in another city , and it is ordered by highcourt to appear in lower court every date . what are the solution ? n this case compainant has filled case in civil court and also in criminal court ...
i have appealed in high court to quash criminal case ,,, cant i get any relief from high court to exemt from personal appearance via my quashing case ?
is there chances for criminal case to be quashed???
SAINATH DEVALLA (LEGAL CONSULTANT) 07 April 2015
Presumptions overule our emotions. When the HC has ordered U to physically appear in the lower court for the proceedings except under exceptional circumstances, U cannot disobey. Quashing of the criminal case is a different aspect, though connected.What is the status of the quash petition? The sections filed against U are all non bailable. Quashing the criminal is the sole discretion of the HC which acts only according to the merits of the application.Hence the contents of the petition are very vital.
T. Kalaiselvan, Advocate (Advocate) 11 April 2015
You should have filed another petition u/s 205 cr.p.c. before the high court to dispense with your personal appearance and got the order accordingly. However, you can apply for the same now also before the lower court (trial court) and get exempted.
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