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RajanaVenu (None)     04 May 2011

Interim Stay

Few accused in a case got an interim stay order from high court , such that police should not interfere and requested to quash the case. Case is with local criminal court in the jurisdiction of police station where the complaint was lodged.

What are the procedures to vacate the interim stay.

1) Should I file the order to vacate interim stay in High Court OR Local Court.?

2) Can police file a charge sheet on accused while they were on interim stay.

What steps are involved in Cr. P.C . please advise.



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     04 May 2011

You cannot file any application to vacate the interim stay order because it is not your case, but it is Govt.,Case. You may be the complainant.

RajanaVenu (None)     04 May 2011

Is it Public prosecutor responsibility. ? What if PP does not show interest in filing vacate order..

What are the remedies available for the complainant.


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