Stay of criminal proceeding

Querist : Anonymous (Querist) 01 August 2011 This query is : Resolved
Ld counsels,

Accused is willing to go for quashing criminal proceedings. he is aggrieved with a related order of the high court for which an appeal is pending before the SC.

Can the accused file a quash petition before HC and get the stay of crl. case until final disposal of appeal by SC and then proceed with the quash.

The appeal before SC will help him prove that case is malafide and a finding is awaited. At this juncture can HC stay the proceedings. For last one year no witnees had been examined there is only adjournment.

Please clarify.

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DEFENSE ADVOCATE.-firmaction@g (Expert) 01 August 2011
If a matter in higher court you should get stay from that court only.

Devajyoti Barman (Expert) 01 August 2011
In what respect is the appeal pending in the supreme court?
If it in respect of the previous quash petition then no second petition for the same relief would lie.

Querist : Anonymous (Querist) 01 August 2011
Dear Barman sir,

The appeal is arising out of an order of HC which held that the public prosecutor office and the police did not collude to maliciously prosecute the accused. However the prayer in that proceeding is not for the quashing of criminal case but only to get the proof for malicious prosecution.

Is there any chance of staying the proceeding in criminal case and the quash (if filed) until the disposal of appeal by SC.

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