Total Pageviews

Sunday, March 7, 2010

Pre-arrest/Anticipatory bail--Cheating--Embezzlement--Dispute between two brothers

2010(1) LAW HERALD (P&H) 35
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Ranjit Singh
Criminal Misc. M No.25816 of 2009 (O&M)
Janak Raj Gupta
v.
State of Haryana
{Decided on 08/12/2009}
For the Petitioner: Mr. Kanwaljit Singh, Sr. Advocate with Mr. Harvinder Singh, Advocate.
For the State: Mr. Gaurav Dhir, AAG, Haryana.
For the complainant: Mr. Baldev Singh, Sr. Advocate with Mr. Sudhir Sharma, Advocate.
Criminal Procedure Code, 1973, S.438--Indian Penal Code, 1860, S.406, 420, 468 & 471--Pre-arrest/Anticipatory bail--Cheating--Embezzlement--Dispute between two brothers--Once complainant gave power of attorney for sale of land he cannot complain that land was sold for much more value but shown to have sold only for less amount--Prima facie it is dispute of civil nature--Petitioner already joined investigation and all documents can easily be seen and perused--Not a fit of custodial interrogation--Order staying arrest of petitioner made absolute. (P.4 & 5)
----------