New Delhi (PTI): The Delhi High Court has asked trial courts hearing matters related to summoning of an accused not to go by oral submission of a counsel and insist on a certified copy of a stay order if passed by the HC in the matter.
The court also directed the trial courts to follow the procedure adopted for bail matters and asked the courts to verify the authenticity of the order passed by the High Court from the registry before passing any order.
"If any ordinary copy is produced, the sub-ordinate court will have to have the order cross verified with the Registry of this court, which is a practice being followed when the bail orders are produced," said Justice S Muralidhar while rejecting the plea of a bank to set aside the Metropolitan Magistrate's (MM) order issuing non-bailable warrants against three of the bank employees in a complaint case.
"In the absence of such a production of certified copy of the stay order or verification with the Registry of this court of the ordinary copy, the subordinate court would be fully justified in refusing to act on the oral submission by the counsel that there is a stay of proceedings order passed by this court," Justice Muralidhar said in an order.
The Court upheld the MM's order while hearing an application filed by the Vijaya bank challenging MM's February 23 order issuing NBW against its employees.
The court also rejected the submission of the counsel that the MM ignored a stay order passed by the HC in February 2002.