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Last owner sold land to many buyers now police filed FIR against us


15-Mar-2023 (In Criminal Law)

my father purchased a part of plot on 20/05/2004 from Mr.x. Mr. x gets the loan of 10 lakh on 28/10/2004 same plot from Union Bank of India and in 2010 bank declared loan as npa. and by sarfaesi act get the possesion permission from lower court in 2012. when bank gone to acquire the land than noticed property is already sold in different parts. and registered the fir (under ipc 406/420/467/468/471) against the only 9 person out of 50 in which my father is also included. we have applied for the arrest stay in allahbad HC but it got rejected. so please suggest me the best option

Answers (3)

Answer #1
769 votes
Dear owner as i can understand from the case above that , the actual owner played very smart and mortgaged the property in 2004 and sold the same property by means of plotting and he became NPA , i would only be able to advice you on this matter until an unless i see all the papers and with response to the reject of the arrest stay from the high court for fir (under ipc 406/420/467/468/471) kindly surrender and move for bail application after consulting the lawyer
Answer #2
791 votes
In the situation narrated above there was strong ground of arrest stay but if the High Court has refused to grant then you can move to the Supreme Court agaisnt the order passed by the High Court or you could have seek bail after suurendring befroe the court which has jurisdiction over the matter, but I ud like to advise you to move supreme court for the relief of arrest stay because i think u r the bonafide purchaser without wrongful benefit section 420 is not made out and section 406 is also not made out because three ingredients of this section is not in existence agaisnt you in pursaucne of 467, 468, 471 will also shattered itself so go to the supreme court
Answer #3
663 votes
You have mentioned that the Writ for Arrest Stay has been rejected by the Allahabad High Court. What is the current status now? Has your father been arrested? In case of arrest the only remedy available to you is to file a bail application in the concerned District Court.

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