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Pushkar (Mr)     27 November 2013

Criminal writ petition under article 226

Dear experts,

An FIR was filed against me in a property case in 2012. I had filed a writ petition application in the high court under article 226 of the constitution praying for quashing the FIR. The high court admitted my petition and stayed my arrest. A notice was issued to police and the private complainant in the case. The application is pending for almost 2 years. 

My question is that, does the police have to complete investigation and only then high court can decide. The police still continues to investigate the case but I do not know of any chargeheet that has been filed against me yet. So my question to experts is whether the police have to file a chargesheet or complete the investigation before the high court hands a decision ? Eagerly awaiting expert response.

Thanks a lot for your valuable time.



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     27 November 2013

Whether the writ petition has been disposed?, whether the stay has been extended every time ? the petitioner's advocate has to follow it up on all the herings.

Pushkar (Mr)     28 November 2013

Dear sir, stay is still applicable and the writ petition has not been disposed yet.


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