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{Balu manikantan} SUBRAMANYAM (Practising Advocate)     25 July 2020

Stay vacate in a criminal case

i have registered a FIR Immediately the accused got a stay order from the high court. After the 2018 supreme court judgment delivered on 28 March 2018 in Asian Resurfacing of Road Agency Private Limited & Anr v CBI { 2018 SCC OnLine SC 310 } all stays are deemed vacated after six months from the date of the judgement unless an extension is ordered. But the SHO is not starting the investigation as the case is showing as pending in the High court website. But in reality the stay is deemed vacated. Please suggest a proper remedy.


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 2 Replies

P. Venu (Advocate)     26 July 2020

The facts posted are less than convincing.

Dr J C Vashista (Advocate)     26 July 2020

Originally posted by : balu manikantan
i have registered a FIR Immediately the accused got a stay order from the high court. After the 2018 supreme court judgment delivered on 28 March 2018 in Asian Resurfacing of Road Agency Private Limited & Anr v CBI { 2018 SCC OnLine SC 310 } all stays are deemed vacated after six months from the date of the judgement unless an extension is ordered. But the SHO is not starting the investigation as the case is showing as pending in the High court website. But in reality the stay is deemed vacated. Please suggest a proper remedy.

How the accused approached High Court instatly on registeration of FIR ?

In a criminal case the High court is stated to have granted stay, is the statement true and correct, if so what is the complaint and the provision of IPC? 

Even for deemed vacation of stay ordere the complainant has to move to the court granted.


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