I have an interim STAY granted by Hon'ble High Court of Telangana at Hyderabad under 498A which gets extended on every hearing date. This 498A is filed by my wife against me and my family members. However, status at the Lower Metropolitan Magistrate court still says SUMMONS stage and concerned Police person once tried sending Summons once to me. I replied to the Court Constable at the Police Station with Stay orders over WhatsApp. Now, the lower court matter date is coming soon and I believe Court Constable will again send me summons. Should I tell my advocate or be present at the date of hearing after receiving summons and produce the STAY order copy to the lower court? Does it require memo of appearance etc.? If I file memo of appearance, will it not mean that I appeared in the matter even tho it was for a reason of submitting STAY orders from High Court? Same goes for my older family members. If they sign memo of appearance, does it mean they appeared even tho it was for submitting STAY order copies from High Court? Can this update of SUMMONS to STAY in lower court be done without memo of appearance? Please advise and correct me. STAY order copy from High Court does say that one copy goes to LOWER court but why is it not happening? There are 3 hearings and orders that are already done. Is there a risk of Non-Bailable warrant to be issued by court if above concern is not taken care of? My wife is not staying with me at the moment.
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Your lawyer can appear in court and file stay order passed by HC in 498 A case
2) to be on safer side he can keep ready application for exemption from personal appearance
3) your personal presence or of other accused is not required if proceedings are stayed by HC
4) non bailable warrant would not be issued
You seem to have not served the order of high court to the trial court. So file an application with certified copy of order of High court intimating the order of stay.
Yes your advocate needs to be present and also place the stay order in record
If you receive a summons from the lower court, you can either produce a copy of the stay order to the court or attend the hearing and submit the order to the judge.
You do not need to file a memo of appearance if you are only submitting the stay order. However, if you want to be on the safe side, you can file a memo of appearance stating that you are appearing only to submit the stay order.
There is no risk of a non-bailable warrant being issued if you submit the stay order to the lower court. The stay order is a valid order and the court will have to respect it.
not possible to answer your question without first having a look at the stay order of the HC
It appears you are thoroughly confused
have you even engaged an advocate?
if there is a stay against the lower court proceedings then you or your advocate has to show that stay order to the lower court
whether you appear or your advocate as instructed by you, just does not matter
important is that you notify the lower court that there is stay order which is operational and subsisting
You cannot avoid following the procedures of law in this regard,especially if you want relief from court to stall the criminal proceedings initiated against you.
Therefore you may give a vakalatnama to your advocate to enter appearance and file a memo along with the copy of the high court stay order and request the court to stop the proceedings till the disposal of high court case.
Adhering to the legal procedures is essential if you intend to seek respite from the court and delay the ongoing criminal proceedings. To achieve this, it's imperative to engage with the necessary legal steps. One effective way is to provide your lawyer with a vakalatnama, granting them the authority to represent you. They can then formally appear on your behalf and submit a memorandum to the court. This memorandum should be accompanied by a copy of the stay order from the high court. The primary goal here is to petition the court to halt the ongoing proceedings until the high court has made its decision. By following these steps meticulously, you can navigate the legal process with the intention of achieving a temporary suspension of the criminal proceedings against you.
Get a certified copy of the order of the High Court and place it on record through an advocate at the lower court. Since it is an interim stay, proper advice regarding your appearance/ NBW can be given only after going through the order.
- Since , the lower court has issued summon to appear , then it is mandatory for you to appear on the date of hearing , and file the certified copy of the stay order before the court
- Further, if you will not appear before the court for informing the same , the an NBW can be issued by the court even there is stay from the High Court. - Many times , the copy of the stay order not updated promptly.
- When you will provide the copy of HC , then the next date will be after the hearing of HC.
- Further, if you are unable to appear , then instruct your lawyer to move an application for exemption on your behalf.
