we are residents of Delhi My father, brother and I has been falsely implicated under 498-A/406 sections and FIR has been lodged at remote area of Haryana and we has been given A.B and then regular bail. Then I the sole petitioner( being brother in law of bride) filed the criminal miscallneous petition before Punjab and Haryna high court for quashing of my FIR and notices of motion was issued in 15 th october for next date falling in early week of December.
Mean while police has filed the challan against all of the three on 9/11/2012 I and my other 2 family members challenged the challan/chargesheet by the way of filing fresh criminal miscallneous Main petition for quashing the chargesheet by challenging the territorial jurisdiction of the criminal court of haryana along with interim prayer of stay..I has the version as the alleged cuase of action/offences has taken place in delhi so ld magistrate didn't have the cognisance to try the case falling outside the jurisdiction But the High court didn't accept my version and instead of providing relief, I was advised to withdraw the second petition and to file the miscallneous petition for stay of proceedings in the main petition which the court already issued NOM and directed me to withdraw the petition
i have already filed the mISCALLNEOUS pettition and my query is that if the proceedings are stayed then my other family members will not get the final relief as I was the only sole petitioner in that case In that case whether I need to file the separate petition for quashing of proceedings for rest of my family members? The Hon'ble Judge has remarked that if it stayed then other family members too get the relief..?? Whether issue of territorial jurisdiction will not be resolved??
