Regarding interim stay
Guest
(Querist) 06 May 2011
This query is : Resolved
My friend got cheated by her husband in 2008.he hided the existing marriage and
again married my friend and stoled some money from her in this offence he,his original wife(first wife) and his friend involved.
my friend filed a case against him in 2008.
police completed investigation and mentioned three as accused
A1:husband A2:first wife A3: husbands friend who involved in this offence.
police filed chargesheet in year 2009.
A1 taken anticipatory bail from high court.
A2 applied bail in lower courts first but was dismissed so she applied for quash in high court high court given interim stay of arrest this was happened in jun 2009.
from that month onwards case was in high court from two years.
A3 also got bail from lower court and he also applied for quash in high court in nov 2010 and was going on.
my questions are:
how long her quash petition run in high court and what is the end duration of it
whether there is a chance for A1 also to file for quash petition even after getting anticipatory bail from high court.
all the accused r not attending for court trials
if the interim stay order is pending in high court a person need not to attend for lower court trials??
pls clarify my doubts
i already posted once but no reply from anybody pls help me in this
quick replies would be highly appreciated
thanks & regards
kalyani
PARTHA P BORBORA
(Expert) 06 May 2011
Quash petition shall be decided purely on merit. So, if the A 1 has suffificient ground to quash the FIR, his prayer may be allowed.
Until and unless the hon'ble high court passed a final order in connection with the quash petition, the interim order shall remain valid and the accused persons need not to attend the trial court.
Devajyoti Barman
(Expert) 06 May 2011
1. No time limit. It depends upon how fast one party pursue this this case. Within a year the case should be disposed off.
. Yes he can apply.
3.Yes but only if the stay is granted.
I hope your doubt is cleared now.
Guest
(Querist) 06 May 2011
Hi Barman Sir,
thanks for your valuable reply
as u said the quash petition should be disposed off within one year.but sir she
applied in 2009.two years over.
one more doubt sir,
A1 taken anticipatory bail before he was arrested and not the stay order for him
is it possible for him to apply for quash
one more thing sir,he was accused in another cheating offence in 2006.non bailable warrant pending against him he applied for quash in that case and it was pending in HC now
my doubt is the same person can apply for quash in both the cases??
PARTHA P BORBORA
(Expert) 06 May 2011
as both cases has arisen out of two different offences he may file a quash petition in both cases. there is no bar.
Moreover, even though he was not a party in the quash petition wherein the the stay order is passed, me may file a separte quash petition.
Guest
(Querist) 06 May 2011
hi borbora sir,
thanks for your reply
but why sir some quash petitions in hon'ble high court are disposing soon and
some are taking years time.
In this case A2 and A3 quaash petitions r pending on HC.suppose for example if the two petitions disposed off in one year(imagine)
if the two petitions r dismissed(imagine)
after one year from now
then they should attend the court trials
after one year right??
but sir what iam asking is after thesee two persons quash petitions r disposed off then if A1 is filing the quash petition if it takes another three years to dispose so all the three accused need not to attend trial court for 5 years after the charge sheet files???
pls clarify me sir
thanks in advance
PARTHA P BORBORA
(Expert) 07 May 2011
i simply surprised that a quash petition is pending for a long period of three years. there is no time limit but it must be decided within a reasonable time. so pl ask your advocate and request him for an early disposel.
