Can we file Quash or any other such relief at HC
On a surprise note on 11th Oct morning, police came to our house. Took me & my father along with them to WPS, an FIR was registered under sections "498-A, 354, 326, 506 r/w 34 IPC & Sec.3, 4 DP Act " on all our family members Me (A1), Mother (A2), Father (A3) & Sister (A4). Me & my father were sent to remand on same day and we came out on bail next day. After coming home I read the remand case diary and was shocked as it was mentioned that 41 (A) Cr.P.C was served to me & my father on 8th of Oct itself and it is also mentioned that we denied the allegations of harassment.
On 20th of Oct, Lawyer had filed Quash at HC praying for grant of stay of all further proceedings including arrest of the petitioners in the FIR. The petition was disposed with an order to follow 41 (A) Cr.P.C. My Mother(A3) & Sister (A4) were served 41 (A) Cr.P.C. Unsure about the status of Charge Sheet currently.
My question is whether me (A1) and my father (A3) can now file any petition at the HC seeking help as police had literally cheated us with regards to mention in remand case diary that notice 41 A was served to us on 8th of Oct, which was originally NOT served.
Can this be of any help or should we wait until the charge sheet is prepared.
Kindly, let me know.