Quash appln in hc without discharge appln in lower court

Yes accused can get stay order and can file quash petition for the above case

Yes accused can get stay order and can file quash petition for the above case

Dear Aditya,

First understand one thing, discharge and quashing are two different procees laid u/s sec 239 of cr P C & sec 482 of Cr P C. Under sec 239 of Cr P C the accused can prefer discharge before framing of charges.

Under section 482 quashing of F I R & chargesheet can be preferred before High Court. In the event, if High Court finds that there is no crux in the complaint lodged and registered uder Attrocities Act, High Court shall grant stay of the proceedings staying the investigation if the investigation is at the preliminary stage and will call for records from the investigating agency and if found at the time of final hearing that there is no offence made out to have been commitetd which attracts section 3 of Attorcities Act, will quash the FIR.

In the event, that charge-sheet has been filed by the investigating agency after completion of investigation, then in such event the entire charge-sheet shall be evaluated to understand if no offence is made out or not. If the court finds that no offence is made out then charge-sheet will stand quashed and if it is found that the offence is committed then the court will dismiss the petition u/s 482 of Cr P C.

Check, whether the accused has been arrested by police or not, as under Attrocities Act anticipatory bail application is not permissible as there is specific bar u/s 18 of The Act. If the accused is not apprehended even then the accused can prefer petition for quashing of FIR u/s 482 of Cr P C.

Feel free to communicate for any further querries.