LoneFighter (IT) 06 October 2014

Stay & quash

Dear Experts,

Our advocates tells us, we will first go for stay and then for quash for all Accused.

1) Why in-specific go for stay and then for quash..

2) If one goes for quash, will HC give a stay in the least case.

3) No charges on A2 to A4 in charge-sheet. Is it good to go for quash now? our advocates are telling us that their names would be taken off as they were taken off by police itself. Is there any legal procedure to take off the names that were mentioned in accused list in FIR, even though police have not pressed any charges against them during investigation.

Thanks,

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2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 06 October 2014

Dear,

Whats the stage of the Trial? Has the charge sheet been filled?

If you think there is no role played by them, then the police can file the closure as regards them,otherwise if the charge sheet has been filed against them, then you can ask for discharge application at the time of charge framing.

Advocate Kapil Chandna

9899011450

LoneFighter (IT) 07 October 2014

@Kapil Chandna Sir : Thanks for the reply. Yes sir chargesheet has been submitted, but unsure if closure has been requested for A2 to A5.

But their names were taken off the chargesheet for sure. We will file a discharge petition in the same court.

Could anyone answer regarding A1 also. we would want to go for quash. but advocate z telling us, lets get stay. I have not read any judgement where in A1 also can get stay on proceedings. Why stay and then quash.. !!