Upgrad LLM

is revision possible when hon hc stay is there?

There was a Lower Court Order dt 19-01-2007 taking cognizance of 1 out of 4 accused. That accused brought a stay in hon HC and died on 02-04-2008. Then his petition was dismissed as withdrawn on 09-04-08. Now original complainant has made a Criminal Revision Petition in sessions against the remaining 3.

The Respondent's counsel is saying that the delay is from 19-01-07 itself, where as the complainant is saying that the delay starts only from the date hon HC has disposed the Crl Petiton on 09-04-08.

Who is correct ?

Now the question is, was it possible for appeal a CLRP when there is a hon HC stay on the lower court order ?




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