Validity of fir quashing stay order
senthil
(Querist) 15 October 2015
This query is : Resolved
Dear experts, in Jan 2014 a false FIR was filed on my family members. Then we got AB in high court and served the surity. In March 2015 i have filed a FIR quashing petition in high court and got a stay order for the further proceedings of the FIR.
after two months only i came to know that, in 2014 itself police has filed the charge sheet, but i was not got any summon till date.
1) whether this 2015 FIR quash stay order will stop the proceeding of the case where charge sheet is filed in 2014 itself.
2) whether my family will be arrested now. We already have AB. is it enough to avoid arrest?
the case is a civil nature but filed as a criminal FIR with fake statements. so that high court given stay order for that
please help me on this.....
P. Venu
(Expert) 16 October 2015
From the facts, any further proceedings including arrest or issuing summons is subject to further decision in the petition pending in the High Court.
K.S.Srinivas
(Expert) 20 October 2015
Agreed with the experts.
T. Kalaiselvan, Advocate
(Expert) 21 October 2015
During the operative period of anticipatory bail, the police shall not arrest, however about quash of FIR, once a charge sheet has been filed, you may have to file a petition for quashing the charge sheet only and not FIR. If you were not k owing about the pending charge sheet in the court, your ignorance a cannot be claimed as an excuse. You are already on bail so it becomes your duty also to follow up the case until the same id disposed. Whether the grounds in complaint is fake or not,the court will decide it on merits.
