Legal Question in Criminal Law in Pakistan
Dear Experts,
I have filed istaghasa (complaint) against 5 accused. Judge has declined one accused and summoned 4 other accused to appear before court. But accused took stay order from session court against magistrate summoning order. Now the situation is that stay is in pending in session court since 4 months and there lawyer is not coming for arguments. I have finished my arguments somany times but other party is trying to un necessarily delay the matter. Judge on every date give another chance to them. Right now, 7 last chances have been given to them and on last hearing on 28 February 2014, no one appeared from opposite side and judge once again gave them last chance despite of our protest. what remedy should I adopt to dismiss this stay order in this situation? Can I give application to session judge against these so called "last chances". My trail court proceedings has been stucked since our months due to these "last chances" Should I move to high court against the interim stay order.
1 Answer from Attorneys
Your question reflects your agony because of lingered proceedings, but courts cannot proceed on our wishes they have to adopt their own way to administer justice. If court gave them last chance than have patience, on the next date certainly new developments will be made.
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