Quashing fir
Navi
(Querist) 17 September 2012
This query is : Resolved
Sir, we had got FIR registered against 5 accused under section 420, 380, 120b...same day 2 accused were brought to police station and offences were increased under section 465, 467, 468, 471 IPC.
Then 3 accused got Anticpiatory bail under all charges including 465, 467, 471 but then these 3 applied for Quashing FIR but only under 420, 380, 120b. Also they didnot annexed complete copy of FIR like Accused name annexure.
High court has served Notice of motion to complainant (us) & police and stay further court proceedings.
So should we file only reply on the date or should we before date file application for vacate of stay as there is concealment of offences, we have proof of their anticpatory bail application & orders of session judge before 1 week they filed writ of quashing in high Court
ajay sethi
(Expert) 17 September 2012
file your reply draw attention of the court to material supression of facts and pray for setting aside stay order .
Navi
(Querist) 17 September 2012
but in that case accused counel would try to get longer dates from court as they know they have stay...
Pre-Date application for vactaion of stay not good idea?
PARTHA P BORBORA
(Expert) 17 September 2012
dont worry. Court has already issued notice to you. Submit your written objection on the date fixed. Court will decide the matter on merit.
Navi
(Querist) 17 September 2012
They have senior advocate in high court,,,so should we go with senior or anyone could file the reply and vacate stay
kumar sachin
(Expert) 17 September 2012
you can engage any lawyer of your choice
it is better you appear before the court, file you objection. bring all your favourable material on record
the court will decide the issue on its merit
if the applicant tries to linger the issue then pray the hon'ble court to vacate the stay
Navi
(Querist) 17 September 2012
Can we personally appear before the High court without the advocate..
Navi
(Querist) 17 September 2012
Also shud v file reply before the court in advance of 2 days or the same day..becuz i dont want to disclose this to other party's counsel..as they could prepare an excuse by then
Navi
(Querist) 17 September 2012
Vacation of stay application on the date of hearing or in advance and shud v send our reply to other party's counsel as v fear they might prepare an excuse by then to disclose all the offences..please suggest
