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How to get stay on proceedings in a criminal case
28-Jan-2023 (In Criminal Law)
DEAR SIR, For the criminal case which i have filled in lower court the respondent had brought a stay from high court which says (NOTICE REGARDING ADMISSION. STAY OF FURTHER PROCEEDINGS ONLY TO ENSURE THAT THE CASE IS TRANSFERRED TO BANGALORE). But i didnt receive any summons or notice from high court now the lower court has issued NBW for the appearance of the accused which he has skipped. What should i do now ?
Question: DEAR SIR, For the criminal case which i have filled in lower court the respondent had brought a stay from high court which says (NOTICE REGARDING ADMISSION. STAY OF FURTHER PROCEEDINGS ONLY TO ENSURE THAT THE CASE IS TRANSFERRED TO BANGALORE). But i didnt receive any summons or notice from high court now the lower court has issued NBW for the appearance of the accused which he has skipped. What should i do now
Ans: when the case is stayed by the high court, the court below cannot do anything until the same is vacated either by dismissal or proper modification, therefore, you have to approach an advocate and immediately take steps to get the stay vacated from high court or get the matter dismissed from the high court as early as possible.
Ans: when the case is stayed by the high court, the court below cannot do anything until the same is vacated either by dismissal or proper modification, therefore, you have to approach an advocate and immediately take steps to get the stay vacated from high court or get the matter dismissed from the high court as early as possible.
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Adv. Girish Kodgi
Bangalore | 100+ Answers
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Hi, The case is stayed on basis of jurisdiction issues. stay can not be more than 6 month.You would have missed to receive summon Or your lawyer might have received. You may need to work with a lawyer to ensure you file an objection in high court. Lower court would not have received about stay, so NBW issued on accused. Before i suggest, i need to understand nature of this case.
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Though notice is not served but you have stated that you are aware about the High Court case, so engage one advocate in High Court and file your Vakalath through him file your statement of objections to vacate the stay. About transferring of case I didn't get your question from which court it has to be transferred. Be clear and come back again.
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Adv. Rajesh K.S
Bangalore | 500+ Answers
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Hello, as per your information given, it is my opinion that as the High Court stayed the proceedings in lover court the accused must submit the said stay order before trial court to avoid issueing the NBW against accused and the further case will be stayed till the final oder of the High court regarding criminal case. And you contact the state public proscutor soon.
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Adv. Shashikant P Kalal
Koppal | 25+ Answers
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Dear friend ,
Your query is not very clear and specific and hence better contact with the detail and notice what ever you have come to know , then will be able to help you exactly or else you come and meet at our office . OFC : Adv Pankaj Kumar & associate..
Your query is not very clear and specific and hence better contact with the detail and notice what ever you have come to know , then will be able to help you exactly or else you come and meet at our office . OFC : Adv Pankaj Kumar & associate..
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