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Stay will be given on lower court proceedings or not


02-Aug-2024 (In Criminal Law)
I have filed a 482 Petition challenging dismissal of discharge application by cjm and it's revision application by session court then on first hearing at high court lucknow bench , no stay will be given just only notice accepted by AGA and notice issued by RPAD to OP 2 time given to file counter affidavit by state or op2 and rejoinder then on next hearing case adjourned and then on next listed date can high court give stay on lower court proceedings or not? Or should be change advocate
Answers (1)

Answer #1
583 votes
No Stay Order Initially: It's not uncommon for the High Court to first issue notices and provide time for the other party to respond before considering a stay on lower court proceedings. The court may want to hear both sides before making a decision on the stay. Next Hearing Possibility: On the next hearing date, after the opposite parties have filed their responses and the matter is argued, the High Court might consider granting a stay depending on the merits of your case and the arguments presented. Change of Advocate: Whether or not you should change your advocate depends on your confidence in their ability and performance. If you feel your current advocate is not adequately representing your interests or is not well-prepared, it might be worth considering a change. However, it's important to ensure that any new advocate is well-versed in handling such matters and is familiar with the specific legal issues involved in your case. Preparation for Next Hearing: Ensure that your advocate is well-prepared to argue the case on the next date, including addressing any points raised in the counter affidavits or rejoinders. It's crucial that your advocate effectively demonstrates why a stay should be granted.
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