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Rampal Singh (bussiness)     26 September 2014

Procedure after getting stay from allahabad high court

NBW was issued against my family members in 406/DP act case for non-appearance on summons. We appealed to High Court u/s 482 and court admitted our petition issuing notice to other party and ordering that 'no coercive action be taken against accused'. Now we had not been staying at our home city in view of NBW, our lawyer is saying he will get the certified copy of HC order,we will have to come to home city and sign some papers which he will deposit in lower court. What I am not understanding is how will this prevent police from arresting us when they already have warrant? What will we do if police comes and shows us warrant? Would they understand HC order of 'no coercive action'? Or will lower court issue separate specific orders to police after our lawyer deposits certified copy of HC order?

 

Thanks,

Abhishek



Learning

 2 Replies

Ashok, Advocate (Lawyer at Delhi)     27 September 2014

Once the High Court has ordered that no coercive action be taken, this order is binding on police and the lower court. The police officers are expected to comply with this order, otherwise, they would be liable for contempt of court.

Rampal Singh (bussiness)     27 September 2014

Thanks Ashok ji.


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