Hc stay- interpretation

Architect

Hi,

Case : 498, DP 4, 506

A2, A3 went to high court for quash and  high court granted stay with observations as below

"There shall be stay of all further proceedings in CC No.1323 of 2013 on the file of II Additional Metropolitan Magistrate, Nizamabad District, for a period of four weeks."

There after court has granted stay until further orders.

I have few queries

1.  Does it mean there is a stay in all proceedings in cc ?

2.  Can trial court  proceed  with appearance of A1?

3. Can A1 file any petitions like travel permission in trial court ?

Appreciate any responses.

Many thanks


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Advocate

A 1 has to move application in the trial court enclosing the certified copy of the HC order seeking sine die of the case till disposal of the HC case or otherwise ask the permanent personal exemption of the appearance of A 1 till the disposal of HC case.

 
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Architect

Thank you for responding !

I would like to proceed with trial in this case. PP has raised objection that there is stay in the CC proceedings.

How can i ask judge to proceed with trial on A1 in current circumstances ?

Appreciate your responses

Thanks!

 
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Advocate

PP is correct.  Till the stay vacated by High Court, the trial court cannot proceed.

 
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NA

Does that mean A1, although not party to the quash has to suffer if the stay continues on for years? 

Doesn't the A1 have the constitutional right to speedy trial?

Lets take a scenario:

A1 to A4 have been remanded in a crime. A1 has different counsel and A2-A4 have different counsel. A2-A4 are enlarged on bail in Trial court where A1's counsel is yet to apply for bail for A1

A2-A4 move to HC for  482 quash and the HC gives them stay till further orders on all proceedings in an XXX/XXX case in  the Trial court. 

Does this mean, that A1 has to languish in jail, because his bail petition cannot be taken up for hearing in trial court because of the stay?

What about if the A1 is a poor person, unable to hire a lawyer for HC, does that mean, till HC decides on the quash, A1's continues to suffer because of other accused's petitions

 

If the stay is applicable to the entire case, the quash should also be applicable to the entire case and A1, even though he is not a petitioner, should be set free. 

 

I was under the assumption that the stay would be applicable to only those who have applied for it and not the entire case in general. Cos in this case, if A1 wants to face trial, his trail will be delayed because of the actions of A2 to A4, which does not sound fair and actually goes against his constitutional right!

 
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Advocate

You people without having full comprehension of entire law go on ridiculing the entire judicial process of India.  Indian courts are skewed to the rich people and millions of poor people who are absolutely innocent have been languishing in jails for petty crimes and have already spent more time than the actual imprisonment prescribed for the offences they are alleged.  There are several thousands of under-trails who got bail but still languishing in jails because they are not in a position to fill the meagre bail bond of Rs.20000/- and surety bond for the like amount.  But, day in and day out I fed up to hear the noise created by these Section 498-A accused as if they are the only people who have been victimised by the Indian criminal justice system.  These so called reformers of judicial system, I have never seen, shed a drop of tear for those hapless people languishing in jails for no fault of those.  Any how, in your case,

if you are poor: 1. you can engage an advocate from legal aid to put your version in High Court in quash petition seeking the court to grant limited stay in respect of other accused but allow the trial to proceed in respect of A1 because, he has got a right for speedy trial.

2.  Otherwise, he will move bail application in the trial court on the ground, the HC stayed the proceedings and further incarceration will jeopardize the fundamental right of A 1.

(LAST REPLY)


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