Dear Team Members,
I would like to post a query in this forum. My mother has registered a case of Domestic violance against my father, his younger brother and the wife of younger brother which is pending before the district court since 5 years. Now, in order to escape the case, the wife of younger brother had lodged a police complain against my mother and me. My mother had also lodged a police complain against her brother in law. Now, based on our complains, we all have received notice u/s 111 Cr.P.C from special executive magistrate in which we have been asked to show cause as to why we should not be ordered to execute a personal bond u/s 116(3) Cr.P.C. in the sum of Rs. 10000 with one surety each in the like amount for keeping peace during pendency of these proceeding. I drafted a reply of both the notices and submitted to the magistrate along with court petition filed by mother and other relevant documents to prove our innocence. We have been given the next date of hearing by the special executive magistrate in the month of March.
Now, we do not want to sign the bond as stated above as we have not been involved in any type of quarrel. If the proceedings go on, no body including police can prove that we have been engaged in any kind of criminal activity at any time of our life.
I would like to know if we do not sign the bond after magistrate so orders as we deny all charges, what action can he take against us. Can he detain us in Magistrate Custody? We are peace loving and innocent citizen and are ready to face any proceeding to prove our innocence. Can we approach upper courts such as District or High Court immideately to quash the notices issued by him. The jurisdiction is Delhi.
It would be highly appreciable if you express your kind views.
Warm regards,
Rahul
