Shruti Mishra 16 August 2020
Dr J C Vashista (Advocate) 16 August 2020
It is the duty / discretion / privilege of investigating officer, where you have no role/ control.
Is there any provision of law to stay arresting ?
What is your locus standi / concern to the query.
Shruti Mishra 16 August 2020
K Rajasekharan (Advocate) 16 August 2020
The order directing not to arrest the accused till charge sheet is filed, on the condition that the accused will cooperate with the investigation, can definitely be withdrawn when the prosecution presents the fact of non cooperation of the accused in the investigation to the court.
When a condition of an order is violated the court is competent to cancel the order outright. No case law is needed to do it, as it is a well settled principle.
{Balu manikantan} SUBRAMANYAM (Practising Advocate) 16 August 2020
IF you are complainant/ aggrieved in the case you can get the stay vacted in the high court by citing the Hon'ble Supreme court judgement delivered on march 28th 2018 in Asain Resurfacing of Road Agency Private Limited & Anr v CBI {2018 SCC Online SC 310} which says that all stays are deemed to be lapsed after 6 months from the date of judgement.
P. Venu (Advocate) 16 August 2020
Please posted are disjointed and do not bring out the real issue. Are you the complainant or the investigating officer. What do you mean by "arresting stay"?