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K Venkatesan (Advocate)     18 April 2021

Validity of interim stay

Dear Learned friends.
Complainant filed 138 case in JM Court. Accused filed Quash petition U/s 482 before High Court and admitted and stayed the proceeding. The question is, now the Magistrate insisting for extension of stay order in writing as per the Supreme Court ruling. In High Court the matter is not listed and not able to get extension order. Please suggest me in this situation.


 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     18 April 2021


You have to file certified copy of stay order from the high court before judicial magistrate court that proceedings before judicial magistrate court is stayed. 

Rahul Mehalwal   18 April 2021

The whole High Court order needs to be read to check what was the conditions and duration of stay. It would be helpful if the operational portion of the order can be produced here.

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