Dear Madam,

You are correct. You may rely upon the following judgment and ask the IO accordingly.

==============================================================

Breaking: Stay In Civil/Criminal Proceedings Not To Be Granted Beyond Six Months; Further Extension Only By Speaking Order: SC [Read Judgment]...

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1375-1376 OF 2013 ASIAN RESURFACING OF ROAD AGENCY PVT. LTD. & ANR. …Appellants VERSUS CENTRAL BURUEAU OF INVESTIVATION …Respondent

The speaking order must show that the case was of such exceptional nature that continuing the stay was more important than having the trial finalized. The trial Court where order of stay of civil or criminal proceedings is produced may fix a date not beyond six months of the order of stay so that on expiry of period of stay, proceedings can commence unless order of extension of stay is produced, the Bench said.

Hearing through video conference is limited to most urgent cases. 

High court can stay any proceeding for any period if circumstances so demands inspite of six month rule laid down by SC., duly recorded the reason thereto. 

Try early listing of the matter in high court and get the stay order revoked .

It's the courts discretion they may extend the stay by recording reasons. You can request court. Only If it's a urgent case it will be taken through virtual hearing. It may take time depending on the normalcy in covid situation. 

Only urgent cases are being taken up by HC 

after lockdown is lifted courts may start functioning normally 

1. The judgment of Supreme Court which says stay granted by the higher courts shall be valid only for 6 months applies to only those cases where proceedings are pending in the court, but in your case if stay was granted on the FIR itself then it is not covered by the law laid down by the Supreme Court. Stay granted by the HC, unless vacated, continues to remain operative.

2. Further, all High Courts and also the Supreme Court have extended the duration of all interim orders passed by all courts for 6 months in the wake of lockdown and Covid-19 as the regular functioning of the courts is not taking place.

3. You will have to file an application to vacate the stay, after the regular functioning of High Court resumes. Presently, the High Courts are hearing only urgent cases.

Its all depends of COVId19 that when court will reopening back on its normal conditions again. Meantime you can request to court to take your case on board online. Requesting to court its not harm ask your lawyer to give a try.

- The stay granted by the High court can be granted further , till the time of disposal of petition pending  before the High court. 

- However, by the end of July, you can move an application for status of the FIR , before the Court of Magistrate to know the progress of the case, and the I.O. of the case is bond to submit its report in the court .

- Since your husband has filed the quash petition , then the High court will not consider your application for virtual hearing , and also due to no being an urgent case. 

- It is expected to start its function from 15 June,2020 . 

See if courts are not working in regular course the court will extend all the interim orders. Further since in your quashing stay is there is no as such urgency it's upon court to grant you virtual hearing or not.

The court take only urgent matters through virtually hearing. 

See court will take matter in the regular course. 

1. First you will have to apply in the high court to get the sat order vacated, Unless and until the High Court vacates the stay order the police is not going to submit charge sheet after six months.

2. Since your case is not of utmost urgency it is unlikely that the court allows the virtual hearing.

3. You will have to wait till the situation normalises the regular functioning of restarts so your matter gets listed and heard. 

Even if stay is vacated witness and accused evidence will not start. It is only after resumption of normal functioning  there is a purpose in vacating the stay.

Regards 

G.Rajaganapathy 

High Court of Madras 

Police may not dare to file charge sheet. You are right, after 6 months, stay vacates automatic but in present situation, Supreme court has hold the limitation of all cases, so 6 months time from march 15th till further orders will not count.

Either obtain order from court that stay vacated automatically. Only urgent matters taking by court.

Court may resume work may be from 1st July.

Physical functioning of High Court depends in Covid19 graph. 

No it is not like this that any stay is valid for 6 months 

Stay is valid till further orders.

Yes only important matters are being taken up in all the courts 

Arrest stay in high court is granted only till the filing of the charge sheet. Once the charge sheet is submitted he has to take bail. Therefore act accordingly. Moreover virtual courts are working and file an urgency application for that.

1. No stay doesn't get vacated automatically after 6 months as courts give order to stay till next date of hearing so you cannot ask police to file chargesheet till stay is not vacated. 

2. Yes courts are hearing only urgent matters 

3. Courts will starts its functioning once the pandemic situation slow down in the State. 

Once the lockdown is lifted and the Ministry of Health permits, open court hearings should commence with social distancing norms and crowd management measures made mandatory on the court premises.

The police will file charge sheet when the stay is vacated, they will not listen to you.

The stay whether will be vacated or not depends on you filing your counter to his petition and also a stay vacate petition.

You can seek for virtual hearing of the case if the case is listed for hearing and the petitioner's advocate is also ready for that.

Your lawyer is right that not only the high court, but also the sub-ordinate courts take up only urgent cases at this moment.

The normal functioning of the courts across the country will depend on the current pandemic, nothing can be predicted at this moment

Yes the information shared by your lawyer is correct.

The High Courts are taking up only urgent cases through VC.

You can file Vacate Stay Petition immediately upon lifting of lock down and courts take up virtual hearing.

Since Chennai alongiwth Mumbai & Delhi is one of the hot spot city, it may take reasonable time to start virtual hearing of cases.

The Madras High Court is yet to resume its normal functioning, and is hearing only urgent matters, as advised by your lawyers. You have have to wait patiently, and be guided by your counsel.