PRASUN DAS
(Querist) 22 May 2015
This query is : Resolved
RESPECTED MEMBERS, CAN I APPEAL TO STOP ALL POLICE PROCEEDINGS IN FALSE FIR 498A/406/DP IN MY QUASH APPLICATION .
Devajyoti Barman
(Expert) 22 May 2015
The quashing is not mater of right and rarely allowed in fittest of cases. If the stay is granted while admitting the quashing case then all further proceeding is stayed in lower court. This applies in cases after submission of charge sheet.
In FIR stage if quashing petition is admitted then further investigation by police is also Stayed. I may inform that the Calcutta High Court very rarely intervene in FIR stage.
Rajendra K Goyal
(Expert) 22 May 2015
Agree with the expert Devajyoti Barman.
Guest
(Expert) 22 May 2015
You cannot stop law to take its own course. The decision of the FIR being false or true is subject to result of the investigation by the police or the trial in the court, not by mere saying by anyone.
You are free to prove your point during investigation even.
Nadeem Qureshi
(Expert) 22 May 2015
Yes you may file an application for stay on arrest till the final disposal of the quashing petition before hc.
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