Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

akshay patel (lawyer)     12 August 2013

Impounding of original sale deed by police during investigat

  1. BRIEF FACTS OF MATTER : CERTAIN LAND WAS PURCHASED BY COMPANY BY REGISTERED SALE DEED
  2. IN SALE DEED TRANSACTION THE EXECUTOR OF SALE DEED WAS POA HOLDER
  3. LATER ON SOME NON JOINDER-CO SHARERS CHALLANGED THE VALIDITY OF SALE DEED AND POA BY VIRTUE OF FILLING CIVIL SUIT IN THE COURT- PLEA WAS THAT OUT OF 70 CO SHARERS ONLY 28 CO SHARERS HAVE EXECUTED THE DEED HENCE SALE DEED IS INVALID
  4. LATERON THE POLICE COMPLAIN WAS FILLED BY CO SHARERS AND DURING THE INVESTIGATION POA HOLDER GOT ARRESTED AND ORIGINAL POA WAS OBTAINED BY POLICE IN INVESTIGATION.
  5. NOW THE QUESTION IS THAT DURING THE INVESTIGATION POLICE AUTHORITIES DEMANDING ORIGINAL SALE DEED FROM THE COMPANY FOR INVESTIGATION REGARDING FRAUD/FORGERY
  6. POLICE INSTRUCTED THE COMPANY THAT THEY WILL PRODUCE THE ORIGINAL SALE DEED IN COURT AS A MUDDAMAL.

QUESTION: 

1.I REFERRED PROVISION U/S 91 OF CRPC REGARDING PRODUCTION OF DOCUMENTS NOW I WANT TO KNOW THAT WHETHER UNDER SECTION 91 DID POLICE HAS POWER TO IMPOUND/OBTAIN ORIGINAL SALE DEED? 

2. I ALSO STUDIED PROVISION U/S 104 REGARDING IMPOUNDING THE DOCUMENTS BY COURT

3. UNDER ABOVE SITUATION DO POLICE NEED AN ORDER OF COURT FOR OBTAINING ORIGINAL DOCUMENTS? IS POLICE HAS POWER TO DO THIS IRRESPECTIVE OF FACT THAT U/S 104 COURT HAS SUCH POWER.

PLEASE HELP ME TO SUGGEST THE SOLUTION DENYING THE RIGHT OF POLICE TO OBTAIN ORIGINAL SALE DEED 



Learning

 3 Replies

Kolla Gangadhar (Practicing Advocate since 1986)     13 August 2013

Under Section 91 Cr.P.C.  court or Police officer summons to produce document. Police do not have power to impound your document. Under Sectio 104 Cr.P.C. court has poer to impound document produced before it.

manoj gautam (advocate)     13 August 2013

hi, 

   as per sec.91 crpc court and police officer has power to impound the document for purpose of investigation,enquiry, trial or any other proceedings from the possession of any person holding the requsite document....if the said person not produces the said document to above authority then that person may be penalised u/s 175 ipc...or u/s349 crpc....thanks

akshay patel (lawyer)     18 August 2013

Thanks to all...,......

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register