The case is of my mother who is senior citizen and week in health. My father, who was criminal layer and owner of two schools, made transaction of his cash and obtained cheque from my Mama (mother’s brother) and got deposited in joint account and personal account of my mother. Due to illness of my father and old age of mother, my Mama used to look after the school being member of the schools. He has got all the papers of schools with him except land property papers, resulting defeat from all sides. After the death of my father, in order to seize our school and property he has filed a criminal case against my mother under section 406 and 506 IPC in district court Kanpur, making the base as cheque for sold of the land property. We have gone to Hon’ble High court for relief (for bail) but could not get relief and court ordered with directives to consider the case under sec 239 or 2227/228 or 245 CPC as the case may be. 1) District court has refused to give bail inspite proving the facts. The last hearing date is in next month. What are the options to get bail now… our lawyer is helpless now.. He says it is likely court is influenced. 2) We belongs to fatehpur whereas case has been filed in Kanpur by mama (they are resident of Kanpur). How to get it transferred to fatehepur. 3) Is it possible to court attach my bank accounts, as they are my parents.
1. Please share the order of the High Court with us, if the bail has been rejected by the District Court then you have the liberty to move second bail application.
2. where is the school situated?
3. the cases pertaining to land dispute are not transferred easily.
Please tell some lawyer the entire detail of the case alongwith the case file so that appropriate help and opinion can be rendered.
Regards
If district court rejects your bail application file appeal in HC
2) transfer of case can be done only by HC if Kanpur and fatepurcare in same state
3) your bank accounts cannot be attached
to sri anilesh tiwari: -allahabad high court application U/S 482 No 17551 of 2017.. can be downloded for complete order. school and property is in fatehpur. to sri ajay sethi: yes kanpur and fatehpur are in same state.. as per my advocate court can attach the my bank account also being they r my parents..n case cannot be transferred.. can court grant us the bail if r ready to giveaway the land property which he is claiming to be sold against cheque.
You mean to say that you have joint account with parents . In such case accounts can be attached
Your mother can arrive at settlement with your uncle and apply for quashing of FIR in HC
Hi,it is strange to Hear that the high court refused to grant bail , even considering age and health of your mother .. Moreover , the case is based on documentary evidence so there should be no need for custodial interrogation by police .. For the transfer of your case you have to file application in Allahabad high court..it is advisable to change your lawyer as you should have been granted relief
I went through the order, the petition that has been filed under section 482 is for quashing of the charge sheet and is not for bail, however if the court had admitted 482 then the lower court proceedings would have been stayed.
If the bail has now been rejected by the Lower Court you can move to the High Court again to file a bail application. This is moved under section 439 of Cr.P.C.
Let me know if I can be of any help, I appear regularly before Allahabad High Court.
Regards
Move to the Allahabad High Court to obtain bail, after it has been rejected by the court below.
File a petition under section 24 CPC in the Allahabad High Court specifying grounds for transfer.
1. There is no provision for grant of anticipatory bail in Uttar pradesh, hence an order not to arrest by high court in an application under section 482 cr.p.c. may be filed.
2. The criminal case cannot be transferred from Kanpur to Fatehpur
3. You are no where involved in the crime hence no action can be taken against you, even your mother's account cannot be attached by a criminal case
as per my advocate court can attach the my bank account also being they r my parents..n case cannot be transferred..
For this he has to file a civil case seeking recovery of his money and attachment before judgment of the property towards security, but he can claim only your mother's property if you are not involved in the case.
can court grant us the bail if r ready to giveaway the land property which he is claiming to be sold against cheque.
Granting of bail may not depend on the transfer of property, but on the merits in your side and also how convincingly your advocate argues before the court seeking grant of bail..