IPC 419,420,467,468,471,120B
Querist :
Anonymous
(Querist) 07 November 2009
This query is : Resolved
A Complaint has been filed u/s 156(3) Crpc on the behalf of minor & unsound mind child by his mother and FIR has been logged. I have signed a POA as a witness given by unsound mind minor, his mother (complainant) also signed as a witness in the same POA. At that time i don't know that the person giving the POA is minor & unsound mind. Complainant mother now mention in the complaint that the POA is fake and have no record any where.After this POA holder sold the property of minor. In that sale deed I along with complaint mother signed as a witness. Now a FIR has been registered against myself, POA holder, and present owner of the property u/s 419,420,467,468,471,120B IPC.
1)Now i want to know what ground should i take in anticipatory bail?
2)Is there any citiation/judgement favouring my case?
adv. rajeev ( rajoo )
(Expert) 08 November 2009
There is no specific grounds to be urged to get the anticpatory bail, just ur advocate will do it.
Raj Kumar Makkad
(Expert) 08 November 2009
It is very strange to know that the property of a minor was sold without getting prior permission of the Court as no such property of either a minor or a person of unsound mind can be sold without the specific permission of the court. Secondly if the mother was witness to the POA, how can she become now a complainant alleging that the POA is fake one and has no record at all. If the POA is fake then how she signed it as a witness? Mother is a natural guardian of a minor. If she was a witness to the POA this means that the testator (now alleged as minor) was major at that time and mother is the best witness to tell about the age of her child. If you became witness to the POA alongwith the mother of that person then you cannot be termed as involved in the crime as alleged and on this ground, you can seek anticipatory bail as you are not expected to go in depth about the age of testator in the presence of the mother of him.
I shall traceout some relevant citation and shall try to mention.
