U/s 482 for quashing of proceeding.

Tilak Marg Forum for Legal Questions Forums Criminal Law U/s 482 for quashing of proceeding.

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    • #4056

      Sir, I have filed a quash petition at allahabad highcourt lucknow bench case no 383 of 2018 in which hon’ble highcourt given 4 week time to file counter affidavit to CBI. But there is no corsive order is given by hon’ble high court. What happen if CBI fails to file counter affidavit with in prescribed time. In lower court b/w issuied against me what can I do to save from lower court proceeding till cbi file counter affidavit.

    • #4058

      You may have to obtain a specific order from the high court regarding stay of the proceedings in the lower court, or a stay against the warrant, or at least an order that no coercive action be taken against you during the pendency of the application in the high court.

      On a different note, since the warrant issued against you is a bailable warrant, you would be released on bail, in accordance with terms of such warrant, as and when the warrant is executed against you. Of course, you’ll have to appear in lower court on the dates given. Otherwise, as mentioned above, you should obtain stay on the proceedings of the lower court.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

    • #4059

      Sir, my advocate says that hon’ble high court will not give no coercive if it is not given in first date.And CBI will not file counter before 6 months. kindly give some verdict or supreme court or direction.

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