• Section 341 And 326 investigation by IO

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.
Asked 5 years ago in Criminal Law
Religion: Other

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15 Answers

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.


Anilesh Tewari
Advocate, New Delhi
18043 Answers
377 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
91287 Answers
6810 Consultations

5.0 on 5.0

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.


Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Dear Client,

Approach High Court, for stay or quash of FIR.

If stay or quash, IO can`t do anything.

Yogendra Singh Rajawat
Advocate, Jaipur
21774 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

If High Court stays the matter then IO cannot do anything. It is wise decision.

Kishan Dutt Kalaskar
Advocate, Bangalore
6128 Answers
432 Consultations

4.8 on 5.0

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.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Since 326 IPC has been invoked, it is advisable that you go for a FIR quash petition and attempt to seek stay on arrest.

Vibhanshu Srivastava
Advocate, Lucknow
9457 Answers
273 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6261 Answers
101 Consultations

5.0 on 5.0

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.

Siddharth Jain
Advocate, New Delhi
6261 Answers
101 Consultations

5.0 on 5.0

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

Hemant Chaudhary
Advocate, Gurgaon
4629 Answers
67 Consultations

4.9 on 5.0

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.

Sanjay Baniwal
Advocate, South Delhi
5468 Answers
13 Consultations

5.0 on 5.0

You can file a petition under section482 cr.p.c. before high court seeking stay against investigation in the FIR quash petition itself.

T Kalaiselvan
Advocate, Vellore
81467 Answers
1827 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
29613 Answers
122 Consultations

4.1 on 5.0

u can. but, don't expect stay of investigation.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

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