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Lalitha M P   23 March 2021

FIR quash under Sec 482

while asking prayer for quash the FIR, is it need to ask prayer for stay the proceedings of FIR alongwith quash?


Quick Summary
When applying to quash an FIR under Section 482, it's often advisable to also request a stay on the proceedings. While a quashing order from the High Court renders a stay unnecessary, requesting one can be beneficial. This is particularly true if the court issues notice to the opposite party, as the quashing process can take time. A stay can prevent unnecessary police involvement during this interim period.

 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     24 March 2021

1. IF HC gives "quashing orders" u/s 482, then there is no question of stay proceedings for anything else.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com
 

Lalitha M P   24 March 2021

thank you sir

Advocate Bhartesh goyal (advocate)     24 March 2021

Yes, sometimes H.C order to issue notice of petition  to opposite party in that situation you may request for stay of F.I.R proceedings.


(Guest)
Yes, it is advisable to ask in prayer to stay the proceedings as well as sometimes for notice to be issued to the opposite party and further procedure takes time for thee FIR to be quashed finally. So, in the meanwhile this stay prayer will help avoid unnecessary police involvement

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