Can investigation be stayed by high court
Navi
(Querist) 11 October 2012
This query is : Resolved
Sir
That 3 accused out of 5 filed quashing of FIR and their petition was allowed and notice was made to complianiant & state. Also Court has ordered further proceedings stayed
Now question is that whether FIR has bee stayed or Investigation is stayed or Arrest is stayed (2 accused have not taken Anticipatory bail) or does it mean trial court proceedings stayed?
Can Investigation officer arrest the other accused in FIR?
Navi
(Querist) 12 October 2012
Court order states.
Further proceedings stayed
R.K Nanda
(Expert) 12 October 2012
it means trial court proceedings are stayed.
Navi
(Querist) 12 October 2012
Thankyou sir..does that mean police could arrest other 2 people..and investigate
Guest
(Expert) 12 October 2012
Depends on whether the other persons have got AB or not.
dev kapoor
(Expert) 13 October 2012
Courts usually do not "stay investigation",it is the settled law.As the courts should not ordinarily interfere into investigation process.The stay can however be granted in exceptional circumstances to be brought to HC knowledge.
Navi
(Querist) 13 October 2012
The Exact orders are
Notice of Motion for ____
Meanwhile, further proceedings shall remain stayed.
R.K Nanda
(Expert) 13 October 2012
read my earlier reply.
dev kapoor
(Expert) 14 October 2012
Either you are Confused or you have confused the issue..Look my dear friend, "If your case is pending in any criminal court,H/C has stayed COURT PROCEEDINGS by order which have reproduced herein above.Or if the matter is still under investigation with the police,read the order between lines & dont interpret it like oneway trsaffic."Moreover if you have further confusion ask your advocate or seek the help of an advocate,if you dont hv any,and seek CLARIFICATION of the order.
Rest assured, Court has STAYED 'further proceedings'of the case,whichever agency is seized of the matter.
Hv a Nice & comfortable Sunday
Sudhir Kumar, Advocate
(Expert) 12 October 2012
