Riminal miscallneous for adducing petitioners name
Raj
(Querist) 06 May 2013
This query is : Resolved
Sir,
i am the brother in law implicated in 498-A/406/323/306 cases with my father, younger sister and bother( husband) have filed the Criminal Main Petition solely in my name for quashing of FIR which was admitted and issued notices to the respondent who file the charge sheet against all us and on next hearing the High court stayed all the trial court proceedings and gave us relief to all 4 and it is now in final stage of arguments..Please let me inform if its is get quashed then all 4 will get relief or shall I have to file 3 more petitions with different Number?
Or shall I have to move Miscellaneous petition with prayer to include remaining 3 as petitioners??
Raj Kumar Makkad
(Expert) 06 May 2013
It shall be better if all remaining 3 persons move an application to become party to the same petition otherwise its benefit shall go only in your favour if the relief is confined only to you. If the prayer is to quash FIR then its benefit shall go to every accused person irrespective of the fact he is petitioner or not.
Devajyoti Barman
(Expert) 07 May 2013
Only those person/s filed by his/their name would get benefit of quashing. Any one who is excluded shall have to file fresh quashing petition
R.K Nanda
(Expert) 07 May 2013
no more to add.
Raj
(Querist) 07 May 2013
Devajyoti sir,, since I have pleaded for quashing of FIR and filed the petition only in my name..so I will only get the relief if it quashed?...But we have common stay on trail?? If this the trial should continue on others???
Since its only one FIR and all of my family members are accused in one FIR..Whether quashing of FIR will not give common relief as advised by Makkad sir..????
In such situation whether I should wait for final decision for relief ?and file subsequent applications in their names?? or move application for adducing them parties???
