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498a quashing and filing of chargesheet
24-May-2023 (In Divorce Law)
A FIR under IPC 498a 406 504 506 was registered against me and parents in June 2021. I have approached Raj HC for quashing u/s 482 crpc. The HC while accepting the petition issued a stay on arrest order, also stating that petitioners are needed to join the investigation. We joined the investigation and it is now complete. Also, the Quashing case is still pending in HC. nMY QUESTION - Can the police file the chargesheet while 482 crpc is pending in HC? If yes, is it the general practice followed in Rajasthan?
if further proceeding in FIR has not stayed....
police can file chargesheet.
after complition of investigation police is duty bound to file chargesheet.
mere pendency of a petition before court does not refrain police to file chagesheet before competent court
police can file chargesheet.
after complition of investigation police is duty bound to file chargesheet.
mere pendency of a petition before court does not refrain police to file chagesheet before competent court
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Adv. Brij Bhushan Singh
Jodhpur | 25+ Answers
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yes, police can file the chargesheet during pendency of 482. because if the investigation part is complete thn it is obvios that police will file the chargesheet ....court stay is on arrest not for other proceeding..so yes they can... it is followed every where...for further details do contact on my number....
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Adv. Ginni Jain
Jaipur | 100+ Answers
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If the HC has stayed ur arrest only and not the investigation, chargesheet will be filed. investigation officer is duty bound to complete the investigation and file chargesheet within 60/90 days.
If the HC has stayed your arrest and investigation in the matter, then unless the stay order is vacated, chargesheet can not b filed and matter will remain pending
If the HC has stayed your arrest and investigation in the matter, then unless the stay order is vacated, chargesheet can not b filed and matter will remain pending
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Adv. Prabuddha Sharma
Jaipur | 100+ Answers
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