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Adv Nitin Kumar (Selfemployed)     01 November 2011

Help in 498a

Dear Sir,

Case has been in process in Uttar Pradesh, We have appeal to court for mediation in Allahabad, but we have not got any call from there right now, Our lawyer have confirmed us that your mediation has been failed now.

 

All the expert plz advise now what will be happen, stay has been removed from the case all case once again proceed.

 

Regards

Nitin Kumar



Learning

 2 Replies

Sanjeev (Lawyer)     01 November 2011

You would have filed a Criminal Writ Petition basis which the HC would have granted 'Stay of Arrest' and refereed the case for Mediation at Allahabad High court mediation centre. This was for you to follow up to get the Mediation dates or may be your lawyer at Allahabad would have confirmed the dates for you, Non appearence on the date fixed resullts in failure of mediation and the mediation centre refers the case back to HC which normally vacates the stay.

First check the order that has been passed by High court that can be checked online in case your lawyer has not provided the same at Allahabad High court website. Generally the court provides a order for Interim bail or same day bail plea hearing but that need to be pressed upon by your HC lawyer.

If the stay has been vacated you will need to immediately seek regular bail from the CJM court where the case is pending else you and the other accused can be arrested. Regular bail could be a issue for the main accused.

Sanjeev (Lawyer)     01 November 2011

In case you already have bail and this stay was granted after filing Quashing of chargesheet then you would not need to seek regular bail but yes the lower court proceedings would resume.


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