Dear Experts:
I am A1 in a 498a case. A2 to A4 have quash pending in HC and also have "stay on all proceedings till further orders" as well.
I, A1, recently filed discharge CrPC 239 read with CrPC 188 in trial court. PP's argument was because there is a stay from HC no petition can be entertained in trial court.
My question is:
1. Since there is no quash or stay on A1, would the PP's arguments be valid?
2. Are there any judgements that I can use in trial court to show that the petition from A1 should be honoured and case can proceed against A1 even if there is a stay for A2 to A4 in HC?
3. Any other arguments that I can use in trial court to ensure that Judge does not dismiss my discharge petition?
Regards
