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Is it okay to miss court hearings
02-Jun-2023 (In Criminal Law)
Hi there , High Court listing date over but not updated online this is the first thing and this case is for quash for 498a 4&6 of DP Act as it is a false one . Unfortunately all the lower court dates (4 till now ) I was not present. I want to know is it ok to be absent when doing job in other countries ? while we have a quash case active in high court. and very recently the police came to our house for investigation . Lawyer says nothing will happen if there is any thing ask police to call him. and should i be present on the quash case hearing date ( me and my mom filed for quash ) Under the MP number of the high court case where we files quash. i see M.P. PRAYER TEXT to stay all further proceedings including the appearance of the Petitioners in C.C. No. XYZ/2016 of xyz PS, City, which is pending on the file of the lower court .. Does this mean that the lower court should halt all proceedings .. if yes then why did police came to our house for investigation . Thanks
Hello,
The pendency of the quash proceedings in the high court is nothing to do with the trial process in the magistrate (trial) court and you are not immune to the trial process if you filed quash petition. During quash proceedings in high court, you need not to be present as your counsel can manage. The proceedings in the trial court will be stayed by the high court pending disposal of the quash petition. Please note that police has the statutory power u/s 173 of Cr.PC to carry out further investigation into a case even after filing charge sheet and on discovery of further evidence, the police can file additional charge sheet. As your counsel said that he will manage if police call you again, do not worry.
The pendency of the quash proceedings in the high court is nothing to do with the trial process in the magistrate (trial) court and you are not immune to the trial process if you filed quash petition. During quash proceedings in high court, you need not to be present as your counsel can manage. The proceedings in the trial court will be stayed by the high court pending disposal of the quash petition. Please note that police has the statutory power u/s 173 of Cr.PC to carry out further investigation into a case even after filing charge sheet and on discovery of further evidence, the police can file additional charge sheet. As your counsel said that he will manage if police call you again, do not worry.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Hello sir,
Appearing before the Court on receipt of summons of the court is mandatory. Did you obtain stay including appearance in quash petition or is Crl.M.P. pending ?
First appearance is mandatory.
Police will come till filing of charge sheet only, after charge sheet, there is no role of Police.
If you not appear before the Court, then the Court will issue warrants, may be police came for that purpose.
Appearing before the Court on receipt of summons of the court is mandatory. Did you obtain stay including appearance in quash petition or is Crl.M.P. pending ?
First appearance is mandatory.
Police will come till filing of charge sheet only, after charge sheet, there is no role of Police.
If you not appear before the Court, then the Court will issue warrants, may be police came for that purpose.
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Adv. Geeta Tirandasu
Hyderabad | 100+ Answers
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HI
It is that your petition has been listed for hearing.
Please note that the high court has not passed any orders in your case. so the police can legally continue their investigations.
So, ask your lawyer to either get your case quashed by high court or obtain the stay of arrest till the case in high court is decided.
Mere filing of petition in high court does not mean that the lower court or police cannot continue with the proceedings.
There should be a specific stay order of the court either to police or lower court .
It is that your petition has been listed for hearing.
Please note that the high court has not passed any orders in your case. so the police can legally continue their investigations.
So, ask your lawyer to either get your case quashed by high court or obtain the stay of arrest till the case in high court is decided.
Mere filing of petition in high court does not mean that the lower court or police cannot continue with the proceedings.
There should be a specific stay order of the court either to police or lower court .
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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