Legal Question in Criminal Law in India

a person has been wrongfully alleged of sec 403 and sec 418 of Indian Penal code and in order to save himself has filed for quashing of the case against him in the concerned High court. in this situation doe the lower court where the case is be heard can the hearing continues or the hearing is suspended till the high court takes decision on quashing filed.

Asked on 5/18/11, 9:00 am

4 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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If the High Court has summoned the file of the trial court or has given a stay to the petitioner of the proceeding s before the trial court in these two circumstances the hearing before the High Court are suspended and not otherwise.

Answered on 5/18/11, 9:07 am

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Sanjay Kalra Sanjay Kalra & Associates

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It is not the High Court but Trial Court proceedings are stayed or suspended .

Answered on 5/18/11, 3:56 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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an application for stay of proceedings in the lower court, can be filed along with the petition of quashing. your lawyer may argue for the stay of proceedings in the lower court and it is the discretion of the court to order the same or not.

Answered on 5/18/11, 9:01 pm

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