False 498A/323/504/506// What is the right time to appeal in HC u/s 482
Guest
(Querist) 06 December 2010
This query is : Resolved
Hi Experts,
I got married in April 2008 & started staying seperately from December 2008 and then MY wife filed false FIR against me in Feb'2009 in Ghaziabad u/s 498A/323/504/506.
I took "Stay on arrest" from HC Allahabad and as on today, investigation has not begun, I have never been called in P.S. to give a written statement against the above said FIR.
Please guide me when would be the right time to file a petition in HC for quashing of the FIR.
As of now, DV & divorce cases are in progress, which we both are attending regularly in Delhi. She has filed for divorce and I have denied all the allegations and hence, I am refusing for divorce.
Arvind Singh Chauhan
(Expert) 06 December 2010
You should immediately apply under 482 as soon as, the charge sheet is filed in court, and get the stay for the proceeding. Otherwise The court will summon you and You will have to seek bail which may be rejected or accepted. Only police is bound with earlier stay of arrest but court is not bound and after filing charge sheet court will proceed further.
Guest
(Querist) 06 December 2010
What is the maximum time is available for the police to file a chargesheet, after FIR has been registered and Stay on arrest has been taken?
Arvind Singh Chauhan
(Expert) 06 December 2010
For time limit you please go through the Sec 468 Cr.P.C. but beware don't be idle.
SAANJAAY GUPTAA
(Expert) 06 December 2010
On the basis of which petition you got stay on arrest from high court, you must have file petition u/s 482, please clearify it from your advocate,
Arvind Singh Chauhan
(Expert) 06 December 2010
Sir I think he would have applied for stay the arrest under Article 226 of constitution.
Guest
(Querist) 10 December 2010
My lawyer had filed a writ petition stating there is a possibility of compromise between both the parties and hence, case should be referred to mediation center and had prayed for stay on arrest, which was granted. But mediation failed and case was disposed of in allahabad in April 2009.
Please guide me on further course of action.
