• Can a trial court defer trial if plea pending in High Court

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Kishor Chhabria
Asked 7 years ago in Criminal Law
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6 Answers

TNN | Oct 10, 2010, 06.37 AM IST Times o f India chennai

Subordinate courts hearing criminal cases should not stop or defer trial proceedings merely because some petitions in connection with the case had been filed or pending in the high court, the Madras high court has said.

Justice T Sudanthiram, passing orders on a criminal original petition, further clarified that unless the trial proceedings are specifically stayed by the high court, the sessions courts concerned should not stop trial or adjourn cases indefinitely.

The order was passed in connection with a criminal case pending since 2004. In 2006, a petition was filed in the high court and it was not even admitted. Still, since January 19, 2006, when the government took notice, the case in a Fast Track Court at Namakkal has not moved forward.

"Though the petition was not admitted and no order of stay of sessions court proceedings was granted by the high court, the trial court had not proceeded with the trial," Justice Sudanthiram observed, adding that the case was being adjourned periodically for the only reason that this petition was pending before the high court.

Taking exception to such attitude of subordinate courts, the judge said: "This court feels that the trial had been pending simply before the trial court for years together. Neither the investigating officer nor the prosecutor took steps either to bring the petition for disposal or pleaded before the trial court to proceed with the trial. It appears that the idea and purpose of the FTC itself has been defeated."

He then said: "This court now makes it clear that all sessions courts should proceed with the trial and should not adjourn merely for the reason that some petition is pending before the high court, unless the proceedings are specifically stayed by the high court."

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

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If there is no stay order passed by the high court the trial court can not defer the trial only because the appeal is pending.

Please refer to Order 41 Rule 5 of CPC.

It is specifically mentioned therein that merely because an appeal is preferred in high court, the same would not operate as stay on the trial court unless an stay order is opposed.

When the provision of law is clear there is no requirement of citation.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

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unable to obtain link to said judgment . i have reproduced contents of an article reported in times of india on 10th October 2010

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

If you have the case number you can check it from the server of the concerned high court.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

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Subordinate courts hearing criminal cases should not stop or defer trial proceedings merely because some petitions in connection with the case had been filed or pending in the high court, the Madras high court has said.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

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Justice Sutanthiram passed this order in 2010. Can I get a link to this Judgement

Justice T Sudanthiram, passing orders on a criminal original petition, further clarified that unless the trial proceedings are specifically stayed by the high court, the sessions courts concerned should not stop trial or adjourn cases indefinitely.

Taking exception to such attitude of subordinate courts, the judge said: "This court feels that the trial had been pending simply before the trial court for years together. Neither the investigating officer nor the prosecutor took steps either to bring the petition for disposal or pleaded before the trial court to proceed with the trial. It appears that the idea and purpose of the FTC itself has been defeated."

He then said: "This court now makes it clear that all sessions courts should proceed with the trial and should not adjourn merely for the reason that some petition is pending before the high court, unless the proceedings are specifically stayed by the high court."

He then allowed one Sivagami, an accused in the case pending in the Namakkal FTC, to withdraw as dismissed her plea for being discharged from the case.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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