obtain stay order before Quash

Ranganath (Querist) 21 August 2009 This query is : Resolved
Ld counsels,

Is it possible to obtain stay while the petition to quash is admitted.

Is it required to file 2 separate petitions or can it be done in a single petition.

Pls clarify

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Kiran Kumar (Expert) 21 August 2009
dear,

High Court has enough power to stay the proceedings during quashing proceedings (u might have filed it under S.482 Cr.P.C).

Nowadays prayer for stay of proceedings are being made in the main petition itself.

however, you can file a separate application for stay of proceedings before the trial court.

this application if not filed earlier will have to be filed in the main petition itself, if main petition is being filed then can be attached with the main petition.

but as far as stay of proceedings is concerned it is the discretion of Court, you can not compell the court to stay the proceedings.

if your case is good then you will get the requisite releif.

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