Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Outcomes of Anticipatory Bail Application in Sessions Court

(Querist) 26 December 2010 This query is : Resolved 
Mr. X has filed an anticipatory Bail application in sessions court against threat that he may be arrested by the police under a property dispute case which he has purchased. He alleged that the police is not telling his FIR and is threatening to vacate the property. He has given a copy of regd. papers Agreement to sell and GPA executed by the previous party in his favour to I.O. and a copy of registered AGreement to sell but notary attested GPA in favour of the previous owner. Mr. X was not able to produce any documents relating to allotment or existence of property. The complainant has already submitted with the police that the property does not exist and is the extended portion of his property and has given valid proofs to police for the same. Police has told the complainant that it will produce the copies of DDA letter and MCD House Tax dept. letter that the property does not exist and the matter is under investigation.
What orders can the magistrate give in the case? Will he cancel the anticipatory bail application of Mr. X only or will order complete investigation of the case? Will the magistrate order for registration of FIR as Mr. X has purchased a non existant property or will not take any interest? Will Mr. X be punished by the magistrate or any other case be registered against Mr. X? Will the Magistrate Call the complainant to the court? Is police under compulsion to register this Case or file an FIR as this is a civil matter but still involves some degree of criminal nature?
Arun Kumar Bhagat (Expert) 26 December 2010
Your queries seems to be illogical. Provide relevant section of offence for which the FIR is registered. If no FIR is registered, how anticipatory will lie ? Get proper instructions.
Advocate. Arunagiri (Expert) 26 December 2010
I dont smell any criminal case in this. So, no need to attend other queries.
Devajyoti Barman (Expert) 26 December 2010
Yes I agree with them.
Kirti Kar Tripathi (Expert) 26 December 2010
yes, I also agree.


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