This is an urgent query on whether order passed under section 156(3) Cr.P.C by magistrate concerned mechanicallly without utter regards to evidence ( Since the sale agreemnt which is relied upon is legally not enforceable under Indian Constract Act, not it is registered or stamped properly which is inadmissible as evidence nor did it was impounded which is upheld by the Apex Court) is revisionable under section 397 Cr.P.C.
Please note quashing has been refused in persuant to order under section 156(3) Cr.P.C to lodge FIR by concerend P.S, citing the matter can be dealt during trail and quashing impermissible without regards to facts and circumstances of the entire case.
So, after rejection of quashing whether anticipatory Bail can be applied and what about "Life and Liberty" of the accused especially about dignity and reputation in event of arrest on such order passed mechanically and wish to quote :- Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694. Constitution of India. Arts. 21, 22 and 19 - Anticipatory bail - Role of, in protection of ..
Point 42- Life bereft of liberty would be without honour and dignity and it would lose all significance and meaning and the life itself would not be worth living. That is why “liberty” is called the very quintessence of a civilized existence.
Thus please advise suitably the remedy available to accused for order passed under section 156(3) Cr.P.C mechanically u/s 420 & 406 IPC to save dignity, honour, reputation from arrest after lodgeing of FIR for Investigation
Also please enlight on how to get the false agreement declared void and restrained from its operation as per legal process in court of law.
Please reply urgently and Oblige
