Raman (student) 04 December 2012

Who will get the relief?

Dear Sir,
I (alone )filed the petition u/s 482 CrPC for quashing of FIR 498-A BEFORE H.C The High Court issued notices to the respondents.The Police filed the challan before the Magistrate making accused all of the members of my family.Then I file another petition for quashing of challan with stay( and I made all of my members as parties)..The H.C has directed me to withdraw and file the miscallneous in the main for stay of the proceedings And I did the same and file the miscallneous soley on my name with prayer to stay on trail court proceedings .The H.C has adjourned for reply and stay on proceedings pending before the trail court
Now my query is that whether I alone get the stay or all of the family members get the stay as there is common case no for all of the family members?
If FIR get quashed, whether I only be entitled for final relief or all family members will get the same?

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Guest (Guest) 04 December 2012

Quashing is not maintainable against the filing of the charge sheet. If the HC judge goes according to the law laid down by the Hon'ble SC then your petition is liable to be dismissed with liberty to you to avail the alternative remedy under the law. Anyhow, if the judge goes against the law laid down by the Apex Court and allows your petition he may quash it either qua only you or all the accused.

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