Advice on ipc section 420

RADHAKISHAN C PHULWANI (Querist) 05 January 2015 This query is : Resolved
Good day and Happy New year 2015 to all friends and members of Lawyersindiaclub.

One of my friend sold a piece of land to a buyer on national highway No.78. 2 months before registering sales deed he received notice from aquiring of 7 AREE(EACH AREE 1076 SQF) land for making 4 lane road from concern authorities but at the time of transfering he received letter from concerning authority for aquiring 5 AREE land by Govt of India and cheque for componsation amount enclosed which he informed to new buyer and transfer of sale deed took place as per law deducting 5 AREE land.The mutation in Tehseel was opened in new buyer's favor.

After two months the new buyer received a notice of aquiring further 2 AREE land alongwith cheque of componsation which he accepted and deposited in his account.

After 3 months he complained to local police that he was not informed by the seller and mediaters that the land could be aquired by the Govt of India for national highway. And he blamed that due to this he had financial loss.

Local police with Hands in Gloves with buyer and other RTI/Press not activist but other words say TERRORIST loadged FIR in which they charged seller and other mediaters as co-accused under section 420 mentioning that all peoples CHEATED him which resulting financial loss to him.

Here I must mention that the buyer accepted componsation from Govt of India and he had financial loss of not more than Rs.80000.00 only due to difference of selling and componsation price. The total deal is about Rs.37 lacs.

Now the local police due to hands in gloves calling all related parties and instead of recording any statement in writing they are using bad words, threatening to put all behind bars etc and presurising to settle with buyer who is opening unexpected and big MOUTH.

My question is:
1. In this case local police can use section 420 and can arrest seller and co-accused without any notice. Here I must say that due to seller is highly influncial they are not calling him and only calling mediaters in which 1-2 persons are not involved at all.
2. What is best way to handle this case. Some one suggested to request local SP to transfer the case to another office but we want to avoid because we beleive all are same and we have more cases under this officer.

Advice from lawers club will be highly appreciated.

Best Regards
Radhakishan Phulwani
rcphulwani@regaloverseas.com

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H. S. Thukral (Expert) 05 January 2015
Seek anticipatory bail. there is no case of cheating. After seeking bail you can approach high court for quashing of charges.

RADHAKISHAN C PHULWANI (Querist) 06 January 2015
Dear Mr. H.S.Thukral,
Good day.
Thanks for your reply and advice. Can we approach lower court for anticipatory bail ? Some friends adviced for same to approach high court for quashing of charges . We approached one lawyer in Jodhapur but he said it will take 1 month in procedure. Any fast way.

Thanks and have a nice day.
Phulwani

Guest (Expert) 06 January 2015
Well Advised by Mr.H.S.Thukral And I am just Repeating the Same .First Be Protected with AB and then initiate for Quashing in High Court. AB should be attempted in High Court.

T. Kalaiselvan, Advocate (Expert) 09 January 2015
Well advised by experts, first obtain AB and than plan to tackle the issue accordingly on the basis of facts and merits on your side.

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