Dear Advocates of the forum... My neighbour has given a petition in near by Police station alleging that Mr XYZ has broken his compound wall for abt a meter length while he was away from home, the police received the petition and called the accused for enquiry. Whereas mr xyz is sure that it is a false allegation becos of the fact that the petitioner has encroached a portion of patta land of mr xyz and mr xyz informed this to petitioner and persuaded him to take away the encroachments peacefully through local mediators of the village, but the petitioner just listened and did not remove encroachment, and continued with it. As an alternate, mr xyz was preparing for survey to be conducted so that civil suit be filed in civil court, by knowing this petitioner felt guilty and hence petitioner purposely damaged the wall by himself or his agents to act as if he is in process of removing encroachments and parallely filed a petition with PS with a motive to harrass mr xyz so that he will drop the survey work.In the mean time to protect against the false allegation /arrest on the name of enquiry, mr xyz appraoched learned advocates of high court and filed for Anticipatory Bail, in the court the Police appeared and submitted that as on date NO FIR IS FILED AND NO CASE IS PENDING against mr xyz, except petition-enquiry pending. The Honble HC ordered that "as there is no FIR/case filed, the AB is not required, however it is ordered that the police should not harass mr xyz on the name of enquiry, directed police to either file FIR or close the enquiry at the earliest & mr xyz is directed to co-operate with police for enquiry if any".. now it is about 15 days passed after the order, today the police called in phone of mr xyz and said that sir, when can you come to PS so that we are planning to close the enquiry as it is more of civil related dispute, both parties may seek remedy in appropriate civil court"...mr xyz replied that pls give couple of days time to appear for enquiry /closure at PS as i need to consult with my advocates..now my queries are as below:
1. As mr xyz is not feeling well and taking treatment, CAN mr xyz send his response /reply to PS in the form of written statement instead of appearing in person at PS so as to avoid any embracing unexpected arrest upon calling on the pretext of casual enquiry...( becos order of the court is no AB at this stage, but no harassment to mr xyz)...
2. Is this option of submitting written statement at enquiry stage (say CSR but no FIR regd) allowed in Crpc..if so pls indicate section?
3. in written statement, mr xyz has denied the allegation, explained the site conditions that the encroachment is visible at site, request for survey is filed with thasildhar, civil suit is under preparation with advocates. The records of the Revenue dept indicates that the land on which petitioner has constructed his building & compund wall is NOT AT ALL ON HIS NAME and hence he has no loco standi itself to file petition. As the allegation is false and dispute is of the civil nature, hence the petition may please be rejected or closed in accordance with law & procedures as deemed fit..
Your kind expert advises /views are requested sir thanks ramji
