Appeal in supreme court
Navi
(Querist) 13 February 2013
This query is : Resolved
Sir
Our petition for quashing of FIR has been dismissed by High Court saying that we shall have remedy to make my pleas before trial court.
We want to appeal against the orders of High Court and get the FIR proceedings stayed.
What is the procedure and chances of the stay of FIR while proceedings?
Regards
Devajyoti Barman
(Expert) 14 February 2013
You should have waited till submission of charge sheet as the courts are loath to consider FIR before submission of charge sheet in quashing case unless the case is patently non maintainable.
SLP is to be filed within 90 days from the date of order of high court.
Without seeing the judgement of the high court it is difficult to advise further on the merit of SLP.
Raj Kumar Makkad
(Expert) 14 February 2013
The remedy of SLP is not available in such matters.
Kamal Grover
(Expert) 14 February 2013
First file an application before lower court mentioning your pleas and if lower court rejects your plea and did not stop proceedings then you may again approach the High court.
Else Supreme court may consider same point of view as of high court.
Good luck.
Regards
adv.kamal.grover@gmail.com
9814110005
Advocate
Punjab and Haryana High Court, Chandigarh
R.K Nanda
(Expert) 14 February 2013
u can file SLP in Sc and chances of stay depends on facts of case.
