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any judgment to take stay from session till revision gets disposed of
01-Jul-2025 (In Criminal Law)
In 498a, 406 matter i filled the revision agaist summon of MM court
session court judge issued notice to opposit party , in starting i did not file the stay application , now i want to file stay application. is there are judgement to provide to stay on lower court proceedings
Hi,
Matters like this are crucial and shall be handled with proper strategy. Stay are not granted without framing proper grounds also, only judgement won't suffice your requirement.
You may connect with us and help us understand the exact facts of the case so we can guide you accordingly.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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Yes, you can file a stay application even at a later stage in your revision petition under Section 397 CrPC before the Sessions Court, and courts have the discretion to grant stay on the proceedings of the lower court (Magistrate Court) to prevent abuse of process and secure the ends of justice.
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Adv. Anuj Goel
Delhi | 50+ Answers
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well we got your query, kindly connect with us to discuss the query,kindly connect with us to discuss the query , we can help you out with the case laws / procedure to file an appropriate application for stay as per the jurisdiction.
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Adv. Shaun Jomon
Delhi | 25+ Answers
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Yes, you can file a stay application now in the revision petition even if it was not filed earlier. The Sessions Court has inherent powers under Section 397 read with Section 401 CrPC to stay further proceedings of the MM Court. You can rely on judgments like State of Haryana v. Bhajan Lal and K.K. Patel v. State of Gujarat (2000) where superior courts have stayed proceedings in exceptional circumstances. Mention the grounds clearly—abuse of process, no prima facie case, or miscarriage of justice. Engage your advocate to draft the stay prayer accordingly.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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Yes, while filing a criminal revision petition against an MM court’s summoning order under Sections 498A and 406 IPC, you can also move a stay application to pause the lower court proceedings until the revision is decided. Courts have recognized this power under Section 397(1) and Section 401 of CrPC, which allows Sessions or High Courts to stay subordinate proceedings during revision.
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Adv. Karishma Rajput
Delhi | 100+ Answers
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