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Is stay possible if quashing case is going on in high court


04-Aug-2023 (In Criminal Law)
Is it possible to stayed the case in session court, at the time of quashing the same case in high court when charge is not framed.
Answers (3)

Answer #1
923 votes
Dear client after filing the quashing petition in high court at the admission satge u can ask for stay on lower court proceeding till the final disposal of quashing petition. Generally high court grant the stay. For any legal help call me

Adv prasad patil

Pune
Answer #2
578 votes
Yes..
High Court can grant stay to the lower court proceedings..
If the charge is not yet framed then this is good ground for stay..
Even if there is no stay order from high court still the lower court should be requested to give adjournment till the high Court heard the matter.
Answer #3
921 votes
It is not possible to take same issue same time, before different Court. The order may be conflict of law. You have to mention before High Court that same issue is raised and Challenged before the Session Court.


Regards,


Vijaykumar Dhakane
Advocate

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