Stay of Arrest U/s482 CrPc in 498A

Guest (Querist) 06 January 2011 This query is : Resolved
we had filed Criminal writ petition in Allahabad High Court for Quashing of FIR in a 498A case and the HC granted stay of arrest and refereed the case to mediation. The other side did not turn up on any mediation date. Now the case is about to be listed in HC where the court would not have option to quash the FIR.

Is it possible to get stay arrest from HC until trial conclusion which would mean we can appear before trial court without any requirement to apply for regular bail and the trial can continue simultaneously.

Please share any such order if this was passed by HC in any case before.

And is this possible and can we try for it.

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Arvind Singh Chauhan (Expert) 06 January 2011
Generally arresting is stayed under Art 226 of constitution, but is only up to the time of filing of charge sheet only, if there are appropriate ground. And when the charge sheet is filed application is filed for quashing and stay of arresting under 482 Cr.P.C.

If charge sheet has been already filed 482 is the proper remedy.

Ajay Bansal (Expert) 07 January 2011
Yes.Why not.

Amit Minocha (Expert) 07 January 2011

It is possible

Guest (Querist) 08 January 2011
Does this need to be argued at the time the Quashing of FIR writ petition filed which was referred to mediation by HC gets listed after mediation fails.

Advocate. Arunagiri (Expert) 08 January 2011
You are referring to the trial case and FIR stage also.

What is the real status of the case?

Guest (Querist) 08 January 2011
the chargesheet has been filed recently and we have received summons to appear before the trial court.

The HC writ was filed at the time of FIR when the chargesheet was not filed.

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