Need advise under section 420 and 406
RAKESH KUMAR BHAGWANI
(Querist) 03 July 2015
This query is : Resolved
DEAR SIR I NEED YOUR HELP PLEASE GUIDE ME I AM HERE WRITING MY PROBLEM.
ONE PERSON BOUGHT A LAND THROUGH LAND BROKER AFTER TAKING ALL LAND RELATED RECORD LIKE KHASRA,MAP,ETC AND AFTER CROSS CHECK WITH LAND REVENEW RECORD HE GOT AGREE TO PURCHASE THE LAND THROUGH A BROKER.WHO WAS MY FRIEND, WHEN THEY WERE DOING DEALING I WAS WITH HIM,NOW COME TO THE POINT MY A PERSON HAS PURCHASED A LAND AND MAKE REGISTRY AND IN VALUE LAND WAS SHOWN RS OF 200000.00 AFTER REGISTRY WHEN PURCHASE OF LAND WENT FOR MUTATION ,PATWARI SAID HIM THIS LAND CAN NOT BE TRANSFER IN REVENUE RECORD IN THE NAME OF YOU BECUASE THIS LAND JOINT AND ONE PART FROM THIS LAND PURCHASE FROM SELLER WHILE THEY THE SELLER OF LAND HAS ALSO FILE A CIVIL CASE IN COURT FOR LAND DISTRUBUTION AND A ORDER PASSED BY CIVIL JUDGE THAT UNTIL THE DESICSION NO ONE CAN SELL LAND IN SPITE OF THAT SELLER SOLD THE LAND DID NOT GIVE ANY INFORMATION ABOUT CIVIL CASE TO BROKER.NOW THE PROBLEM IS HERE O PERSON WHO BOUGHT THE LAND TELL ME I AM RESPONSIBLE FOR THAT DEAL AND WENT TO LOCAL POLICE STATION AND HE MADE A COMPLAINT AGAINST ME ONLY IN COMPLAINT HE SAID I HAD MADE THAT DEAL WITH HIM AND I WAS KNOW EVERYTHING ABOUT LAND IS DISPUTED AND HE HAS BOUGHT THAT LAND IN RS.2100000.00 WHILE IN DEED OF LAND LAND VALUE WERE SHOWN RS.200000.00 ONLY I WENT TO POLICE STATION THERE POLICE NOTE MY STATEMENT AND POLICE NOTHING FOUND ANY CRIME AGAINST ME.THIS WAS I GOT THROUGH RTI FROM POLICE INVESTIGATION REPORT.AFTER THEN A PERSON WENT TO COURT AND MAKE A COMPLAINT AGAINST ME AND PRESENT THERE FALSE AYE WITNESS THERE ALL WERE ADVOCATE OF THE PERSON AS WELL AS EYE WITNESS WHOM I NEVER MEET.COURT ACCEPT HIS COMPLAINT AND REGISTERED A CASE UNDER SECTION 406 AND 420 AGAINST ME AND BROKER SELLER AND OTHER TWO WITNESS WHO WERE PRESENT AT THE TIME OF LAND REGISTRY.I AM IN SOMMUNING STAGE BROKER GOT A SOMMON AND WE WENT AB THAT WAS REJECTED BY THE LOCAL COURT AND WENT HIGH COURT OF MP THERE HE GOT AD INTERIM AND ALSO HE FILLED A REVISION AGAINST COMPLAINT REVISION WAS ACCEPTED AND PURCHASE OF LAND IS PRESENT THERE.NOW ONCE AGAIN THAT PERSON DID COMPLAINT IN POLICE STATION NOW THIS TIME POLICE REGISTER AGAINST SELLER,ME AND BROKER I WENT FOR BAIL LOCAL COURT REJECTED MY BAIL THEN I PRAYED TO HIGH COURT THERE MY HIGH COURT LAYER WITHDRAWN CASE AND SAYS NOW WE HAVE TO GO SUPREME COURT I AM NOW ROAMING NOW MY QUESTION ARE THESE.
1.IN THE CASE I AM NOT ANYWHERE ON DOCUMENT HOW POLICE REGISTER FIR WHILE ALREADY THE POLICE INVESTIGATE AND GAVE ME CLEAN CHIT
2.IT POSSIBLE IN OUR LAW FOR SAME INCIDENT TWO FIR CAN BE LODGED.
3.IN HIGH COURT MY LAWYER SAY I HAVE MADE ARGUMENT WITH JUDGE AND JUDGE SAID YOU HAVE TO PAY ALL PAYMENT TO PURCHASER OF LAND.THEN I WILL GIVE THE BAIL. IT SEEMS STRANGE
4.NOW I HAVE CHANGED MY LAWYER AND SAYS THERE MORE OPTION ONCE WE CAN GO FOR SECOND BAIL.AND ALSO GO FOR 482 QUASH FIR
AND ALSO CAN FILE WRIT OF POLICE INACTION
5.WHAT IS THE BETTER OPTION PLEASE GUIDE ME
6.CAN WE GO FOR 482 AND SECOND BAIL TO GETHER CAN WE PRAY FROM HIGH COURT UNTIL 482 PETITION DESESION PLEASE BREAK THE ARRESTING SIR PLEASE GUIDE I WILL BE GREAT THANKFUL TO YOU.
P. Venu
(Expert) 04 July 2015
High Court entertains petitions for discharge u/s 482 CrPC only in exceptional case. In the given facts, it is advisable to meet the issue on merits in the trial court itself.
Jeetender Gupta
(Expert) 05 July 2015
Get bail first & then consider 482 which can take its own time to get decided.
Rajendra K Goyal
(Expert) 07 July 2015
Get bail and defend the case on merits. Legal procedure take time.
RAKESH KUMAR BHAGWANI
(Querist) 24 July 2015
Thanks for suggestion i applied for a bail us 438 in high mp high court but judge dismissed bail first and also today second time.Sir now my question is i am already facing 420 and 406 case in local court and once again police lodge fir in same crime why judge gave me a bail this not justice my lawyer argue in court very well but could not got bail,should i go for article 297 what is this please explain and should i surrender in court and apply for bail on the ground of 439 will local court give me bail this time or court will send me in police custody if in custody then what is the rules of getting bails on 439,can high court accept 482 petition and can break my arresting.please help me sir
