Served notice u/s 41(a) crpc & 91 crpc
BIJIT Kumar
(Querist) 13 March 2022
This query is : Open
The Power of Attorney executor lodged a complaint against me under Section 468 & 471 in the IPC in the Police Station that I had made the said General Power of Attorney in fraudulent means and subsequent registration of Sale Deed for transfer of 10 Lessa land and then mutation is also forged. Now, the Police Served Notice U/S 41(A) CrPC & 91 CrPC to me to report to the Police Station along with all original documents like the POA, Registered Sale deed for verification & threatened to cease all.
I shall be highly obliged for your kind and valuable advice/suggestion in this regards at the earliest please.
Thanking you,
Yours Sincerely,
B Kumar
Email: bkb5219@gmail.com
SHIRISH PAWAR, 7738990900
(Expert) 14 March 2022
Hello,
Yes, you have to reply the notice issued.
The offence is already registered so now you have to apply for anticipatory bail.
Dr J C Vashista
(Expert) 15 March 2022
You are directed to produce the document before Investigating Officer of the police station who have issued notice(s) u/s 41 & 91 CrPC.
Shubham Bhardwaj
(Expert) 17 March 2022
Dear Mr Kumar,
You must engage a local lawyer at this stage to assist you. The police have issued Notice under section 41 A. This is generally a prequel to police arresting if the person does not cooperate or comply with the instructions of the notice under 41 A or 91.
Further Section 468 IPC is a cognizable and a non-bailable offence. Therefore, apply for anticipatory bail immediately. There is a chance that police may arrest you when you appear with documents. Therefore, also take advise from local lawyer with regard to appearance before police.
Regards
Shubham Bhardwaj (Advocate)
District & Session Court , Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- opinion is only for guidance.
kavksatyanarayana
(Expert) 18 March 2022
Yes. You shall engage a local lawyer to file your reply.
Dr J C Vashista
(Expert) 19 March 2022
The notice(s) are issued by Investigating Officer of the local police, which do not entertain legal assistance.
BIJIT Kumar
(Querist) 26 March 2022
Sir(s),
As suggested, Anticipatory Bail was applied and granted by Hon'ble Court of Addl. District Judge (FTC) citing PoA was a registered one under section 60 of Registration Act and it was 15 years old (2007) and money transction was also taken place in this regards. Moreover, it is a civil dispute but trying to be given criminal colour etc.
Seeking your kind and valuable suggestions for my future course of action in the regard to this case please.
Advocate Bhartesh goyal
(Expert) 13 March 2022
