If the enquiry is bad in the eyes of law and has been initiated for some ulterior motives then a petition challenging the proceedings can be filed in the HC.
Regards
Can I apply for Stay on Investigation? will It help and what will be further plan of action by the IO. If I do so.
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If the enquiry is bad in the eyes of law and has been initiated for some ulterior motives then a petition challenging the proceedings can be filed in the HC.
Regards
See if you get an stay on Investigation from high court it is not for permanent nature meaning there by it is for the limited time the prosecution can argue before court to vacate the stay and carry out investigation.
Further if case of quashing you get stay for time the petition is not disposed of.
court would not grant any stay of investigations
2) wait for police investigations to be completed
3) if police do not find any evidence closure report would be filed by police
Dear Sir,
There is no such application is maintainable before the magistrate court for stay of investigation. You need to file a quashing petition before the High Court under section 482 of Criminal Procedure Code, in the said petition along with quashing of FIR you can seek a prayer for stay on the investigation by filing an application.
Regards,
You can file for anticipatory bail first since the offence is non bailable if you are already on bail file a petition for quashing of FIR in high court under 482 Crpc stating there is no ground in your case to face trial alternative file for discharge application in trial court. IO will arrest you if you are not in bail or if you have not obtained bail. If you are in bail you need to co operate with him on investigation.
Since 326 IPC has been invoked, it is advisable that you go for a FIR quash petition and attempt to seek stay on arrest.
You'll have to approach High Court under Section 482 CRPC for quashing /stay of entire criminal proceedings on you on merits.
Generally, the investigation is not stayed until and unless you can prove that the entire case of the prosecution is frivolous by way of documentary evidence.
Once the matter is stayed, the Investigation Officer would be dutybound to follow the orders of the court and would not do anything after such order.
Hi, you can file a application in high court under section 482 Crpc for obtaining stay on further investigation.. The high court till final disposal of application can order stay on the investigation..For further doubts you can contact me in person..Thank you
Firslty, whenever there has been aane ongoing trial in any criminal case, there is scope to stop the investigation.
Secondly, but you should have string evidences to prove that allegations are false.
Thirdly, for which you would have to file a Writ petition of Mandamus read with section 482 of the CrPC to quash the FIR.
Fourthly, also pray for the stop on investigation till the competition of the quashing petition.
You can file a petition under section482 cr.p.c. before high court seeking stay against investigation in the FIR quash petition itself.
Even if you apply for stay it is difficult to get the same. Court doesn't interfere with Investigation. You can go for quashing if you feel you have merits