The above principle is applicable in the, instant case. If during the pendency of the application for withdrawal, the case itself is disposed of by the Court, the application itself would be infructuous. It is, therefore, necessary for the Court to stay the trial of the case by the concerned Magistrate till the Chief Judicial Magistrate decides whether the case should be withdrawn to his file or should be made over to some other court. There was nothing improper in the order of stay issued and it does not call for interference by this Court.
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Kerala High Court
Thottuvarambath Velayudhan vs Pottayil Aboobacker Haji And Anr. on 12 January, 1979
Equivalent citations: 1980 CriLJ 181
Bench: K P Amma