William 08 October 2020

Section 107 crpc

I have recently complain to the police and the municipality tegarding one illegal business of aquaguard service cum godown which is operating inside from a residential flat opposite to my house..the said owner of the said business brings his huge goods trucks to do loading and unloading of the spare machine parts inside the narrow lane which leads to a dead end blocking the entire passage..the police came for an enquiry and after meeting with that said business the officer told me that if i object to his illegal business then i will have to face charges u/s 107 CRPC..i further submitted some more complaints and after 2 months i got a notice from the special executive magistrate to showcause as to why i shld not have to submit Rs 1000 as bond fee...

Please advice me what to do.

I presume the police have taken bribe from the businessman and has instructed him to give a counter complaint against me and on that basis they have take a suo motto case of 107 crpc...

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Saguna 09 October 2020

So the first piece of advice is that you need to hire a Lawyer to represent yourself in the Court. When a Summon is sent under Cr.PC Sec.107, you are left with the following options:

1. You need to appear in the Court and tell the Magistrate that you have not committed any offence under Cr.PC 107 and you are ready for the inquiry.( Of-course you will opt for this option, when you are sure that you are innocent). Once the inquiry is done and you are proven innocent, all charges against you are dropped.

2. If you accept that you are guilty under Cr.PC 107, then you need to pay the Bond fees and your activity is monitored for next couple of months to ensure you do not repeat such an offence.

3. If you agree for the enquiry and the charges are proved against you, then also you are required to pay the surety/ Security amount.

4. Also, on the date when you first appear in the Court and give your consent for the inquiry, you will be required to fill an order sheet. It signifies that from that date till next 6 months, the enquiry should be completed. If the enquiry is not completed within those 6 months, the charges against you automatically gets dropped.

So its always advisable to hire a Lawyer who is well aware about the provisions of Sec.107 Cr.PC and can represent you in front of the Magistrate

Regards

Saguna.

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