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Query on filing of SLP for Stay Orders


22-Aug-2025 (In Criminal Law)
A false case has been filed against my family including me by sister-in-law under 498A. I met her only during marriage after that she left dubai along with my brother and i stayed in Kerala with Husband till date. In 2023, charge sheet has been filed and trail is under process.We have filed quash petition at High Court.Notice issued but the party is not responding. The high court has not given stay orders.Can i file SLP at Sup. Court for Stay Orders on proceeding at trail court. What are chances
Answers (3)

Answer #1
704 votes
hi you need to puesue the quash petition only at high court and you could file early hearing petition and you cannot file SLP against the order as it is not maintainable while the case is pending at high court
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Answer #2
964 votes
Since the charge sheet is filed and your quash petition is pending, the High Court may take time to decide. If no stay is granted, you can approach the Supreme Court by way of SLP seeking stay of trial proceedings. However, the SC normally intervenes only in exceptional cases where continuance of trial causes grave injustice. Keep all evidence of false implication ready to strengthen your quash petition. Chances of getting relief depend on facts and supporting proof.
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Answer #3
741 votes
If the High Court is delaying and no stay granted , you may approach the Supreme Court under article 136 SLP requesting stay on trial . Chances are reasonable as you have strong Grounds of non resistance , false implication and abuse of process . Collect all documentary evidence to show you never cohabitated. this will strengthen both Quash and SLP.
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