1. Quashing is very rare power of the high court and is used is very sparingly and only when the re is prima facie failure of the case of non disclosure of any offence at all.

2.However the opportune time for filing the petition is after submission of charge sheet.

3. This has nothing do with seeking bail which is separate proceeding filed u/s 439 CRPC.

4. The release of an accused kept under custody can not be done in a quashing petition.

Approach the sessions court for bail.

You may approach the High Court, only once the Charge sheet has been filed. If it has not been filed as on date, you may challenge the FIR lodged against you in the High Court. You may seek same day bail order from the High Court.

You should obtain bail

Then later file petition for quashing of FIR

Quashing is to be done only in exceptional circumstances

1. Two petitions claiming the same relief before two different courts are not maintainable. He has to withdraw one.

2. A bail application can be filed under 439 crpc to the sessions court after arrest.

Since the bail was not rejected by the lower court, therefore under the jurisdiction of 482 the court without looking into the merit of the matter can pass such order, the order will not suffer from illegality (if passed).

Regards

If he is arrested and is under custody, then he has to move court with bail application only and not with a petition under section 482 cr.p.c., becasue he will not get the releif of getting enlarged under the said provisions of law.