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Can I get stay order from high court


09-Aug-2023 (In Criminal Law)
I am facing a 498A case filed by my wife on me and my family members. Police has filed final report(closure report). Wife filed protest petition and Lower court rejected the final report and summon is issued by lower court to all accused. I filed revision and request for stay on lower court's order. Session court has accepted the revision request. But session court have not given the stay on lower court order. So both the proceedings in lower and session court go together. Can I get stay order from high court ?
Answers (2)

Answer #1
836 votes
In response to your query you have to first withdraw your revision case from session court then you can move high court subject to your case facts and supporting documents for further consultation contact me
Answer #2
615 votes
Hi,
I did not get you, if the revision was accepted then why wasn't there a stay??
However, you cannot go to High Court unless and until your revision is pending before Sessions.
First of all let it be decided, and thereafter you may move to High Court.
Further, if the same is not being decided within a reasonable time, then you may withdraw it and then proceed to High Court u/s 482.
What is the stage in Lower Court. If possible you may file an application before Sessions for stay otherwise the same may become infructuous. Or you may request before the Magistrate's Court that the matter is pending before Sessions, so you may demand for stay.

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