Stay in quashing petition
Navi
(Querist) 08 October 2012
This query is : Resolved
Sir
5 people were accused in FIR under section 420, 380, 120b, 465, 467, 468, 471. But only 3 people have applied for quashing FIR in High court under section 420, 120b & 380. For this writ, stay for further proceedings has been given.
But now does it mean that complete FIR is stayed or proceedings in trial court for only 3 people are stayed?
Also can the proceedings for 3 accused under section 465, 467, 468, 471 be taken place in trial court?
Guest
(Expert) 08 October 2012
The FIR has not been stayed. It cannot be stayed. The continuation of the proceedings in the trial court qua all the accused have been stayed pending adjudication of the quash petition by the Hon'ble High Court.
If the quash petition is eventually allowed by the HC the FIR will be reduced to waste paper, else the stay will be vacated.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
M/s. Y-not legal services
(Expert) 08 October 2012
according to their prayer in quash petition its will be decided..
if the FIR and other further proceedings stayed by high court mean that order for all of the accused.
if the high court passed any order partly in favour to the quash petitioners only mean the remaining accused have to proceed further..
-y.not legal services-
R.K Nanda
(Expert) 08 October 2012
no more to add.
ajay sethi
(Expert) 08 October 2012
well advised by MR asish Davessar
