Legal Question in Criminal Law in India

in a tril case the lower court adjourned the case for arguement .but the prosecution moved apetition to recall some witnesses including the complaintant.it was rejected by the court. then the prosecution filed an appeal at district court.it is posted to 30th march. but trial court had prevoously fixed the date for arguement on 6th march. can the trial court hear the arguement on 6th when the appeal pending at distirct court?


Asked on 3/04/12, 7:13 am

4 Answers from Attorneys
KAMAL GROVER

if district court has make the stay of lower court then court can stay else lower court can decide the case even prior to 30 march also.

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Answered on 3/04/12, 7:29 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the stay is not granted, trial court can continue with the trial.

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Answered on 3/04/12, 7:44 am
Sanjay Kalra Sanjay Kalra & Associates

If the prosecution or the state is not able to get stay of the arguments from the sessions court then the trial court would proceed with case on 6-3-12 .

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Answered on 3/04/12, 9:31 am
Shrichand Nahar S.V.Nahar, Advocate

Unless there is an order staying further proceedings by district court, trial court may proceed further with the matter.

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Answered on 7/05/12, 1:42 am


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