LoneFighter (IT) 17 October 2014

Stay on criminal proceedings

Dear experts,

Charge-sheet filed for sections 417, 420.

Q1--> Police told A2 to A4 dont have anything to do with the case, so their names are taken off even in chargesheet. Learned advocate told us that a letter has to be filed in highcourt and later they dont even have to attend proceedings. I thought We have to go for mandatory quash or stay for A2 to A4 even if their names are taken off after investigation by police and also from chargesheet. Please enlighten me regarding this.

Q2--> My friend is working abroad and he is A1. We would want to get a stay on criminal proceedings. Is it good option to go for stay and on what grounds the case can be stayed. The reason we want to ask for stay is to finish his professional trip so that it wont hamper his career prospects. The case can be proved false, but i guess A1 has to be present in proceedings.

We would very much want to go for quash, but not very confident. Please suggest if there is any way to let A1 complete the Assignment and then continue with the false case.

Thanks a ton.

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2 Replies

Ashok, Advocate (Lawyer at Delhi) 17 October 2014

If names of A2 to A4 are not mentioned in the charge sheet, that would mean that the police did not find sufficient evidence against them. So, where is the need for quashing or stay in respect of these accused persons? It is true that sometimes the court may not agree with the charge sheet submitted by the police and can form its own independent opinion; but, that is an exception, and secondly, you need to take any further step for quashing or stay only if the court does not agree with the findings of the police in the charge sheet. Otherwise, A2 to A4 can simply relax for the time being since they are not charge sheeted.

Usually, completion of trial takes several years in India. Sometimes, the trial may not even start for a few years. So, if A1 is abroad for some limited period, he can try applying for exemption till the trial starts.