In a false criminal case filed against me by my wife, High court in 2013 granted interim stay of all further proceedings including the appearance of petitioner pending disposal of CRLP and served notices to respondent and stated post after filing proof of service and stated there shall be interim stay as prayed till then But the case does not came up for hearing in Highcourt after interim stay since 2013. But the lower court not taking this fact into consideration , issued arrest warrant against me . what I have to do? shall I appear before lower court? Is stay is still valid in my case. shall I file contempt of court in my case?
1) mention the petition before HC and request HC to fix date for hearing of CRLP
2) mention that in contravention of HC interim orders trial court has issued arrest warrant against you
3) appear before trial court and furnish certified copy of HC order
4) arrest warrant would be set aside
1. Has the said High Court order been placed before the lower court by your lawyer?
2. Your lawyer should file an application before the lower court for withdrawing the said arrest warrant.
3. Alternatively, you can file a petition before the High Court for staying the arrest warrant based on the fact that the trial court has failed to consider that there is an interim stay order passed by the High Court for further proceeding of the case in the trial Court.
My Lawyer already filed withdrawl petition, But Magistrate is insisting for my presence though I am in abroad for several years and I just came to India. He is insisting for my presence which is contradictory to Highcourt orders and he is taking it as personally and covering up his wrong and insisting for my presence by not withdrawing arrest warrant.I don't know what is his further actions even I appear in lower court as Magistrate is twisting law according his wishes
First check the stay order and up to on which date the stay is existed ? Also check the order of high court is filed before the lower court properly.
You can have two options
1.If the interim stay is granded up to the final disposal of the CRLP then you may approach the high court and enlighten court about the warrant issued by the lower court against the high court order.
2.You will appear the lower court and enlighten about the high court order and also file warrent recall petition according to the high court order.
As against order of trial court issuing arrest warrant file application before sessions court for setting aside your arrest warrant
File a petition before the High Court challenging the arrest warrant issued by the lower Court despite pendency of the said high Court stay order.
You should confirm the status of the criminal OP pending before high court through your advocate.
If the stay has been vacated or automatically became infructuous then you may have to either follow up the proceedings with the high court or to recall the warrant ordered by lower court and challenge the false case in the trial proceedings.
My Lawyer already filed withdrawl petition, But Magistrate is insisting for my presence though I am in abroad for several years and I just came to India. He is insisting for my presence which is contradictory to Highcourt orders and he is taking it as personally and covering up his wrong and insisting for my presence by not withdrawing arrest warrant.I don't know what is his further actions even I appear in lower court as Magistrate is twisting law according his wishes.
It would be wrong to utter that the judge is twisting law according to his wishes.
Do you know what is the governing law in this regard?
If there is a warrant pending on an individual issued by court, then that individual has to surrender before that court, and file a petition under section 70(2) cr.p.c. for recalling the warrant and should provide sufficient solvency to the satisfaction of the concerned magistrate.
Your lawyer cannot file a petition for recalling warrant without surrendering you.
You cannot sit in a foreign country and talk or comment on Indian laws or judiciary from there.
As per your law you are not supposed to leave the country during the pendency of a criminal case against you especially without the permission of court.
In fact there is no order by high court also exempting you from appearing before the trial court magistrate.
Your presumptions have no answer in law.
Dont think that a judge is taking things personally, how do you say that, have you seen it or only heard through your lawyer?
Your lawyer may be bluffing with you about this for is own gains.
Dont go by hearsay information, it is better you give a practical approach to this.
1. Did you furnish the certified copy of the HC order to the trial court? If the answer is in affirmative then the trial court judge has committed contempt of HC. You may file a contempt petition against the presiding officer of the trial court.
2. The accused has to be personally present before the court at the time of consideration of the application for cancellation/withdrawal of the warrant issued against him, but in your case the trial court has passed the order of issue of warrant by disregarding the order of the HC.
3. Move the HC through a contempt petition.
