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Gnaneswar (manager)     21 November 2010

False 420

Issue:

my grandmother sold the property in jan 2009 which is in her name . we spent some X amount on that building(thinking that we get that amount in future) but the building is in my grandmothers name. after selling the building my grandmother gave us only X amount.  we were expeting X + share in property. But she did not give we were asking her continuously for our amount ( she gave all her amount to another daughter). now suddenly she filed a criminal case ( NOV 2010) that my father took X amount forcely from her . i want to know whether a case can be filed after 22 months of crime. (actually she gave money for us).

and can my father get a anticipatory bail

My grandmother (mother's mother) is trying to file a false cheating case on my father after 22 months an issue occured.

Now the police is also helping her expecting a percentage in the recovery amount. They don't want to register the case since if the case goes to court, it will be rejected. So they are trying to treathen us and recover the amount.

We are also scared that they may file any other criminal case on my father apart from the above mentioned false case.


Can we try to get anticipatory bail for this case? We would like to know the sections under which the anticipatory bail can be applied for? And how much the bail would cost along with advocate fee.

 

 

 



Learning

 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 November 2010

A complaint u/s.420 IPC can be file after 22m of the crime, there is no legal bar to it.  On on hand you say she has filed the complaint and also say that the police has not register the same, in any case if the complaint is filed or you can show reasonable apprehension of arrest, you can go for AB, whether it shall be granted or not depends upon the facts and circumstances of the case.


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