Cr. MP(M) No. 75 of 2011 16.02.2011 Present: Mr. Ravinder Thakur, Advocate, for the petitioner. Mr. R.K. Sharma, Sr. AG with Mr. J.K. Verma, Dy. AG for the respondent-State with ASI Manoj Kumar I/C P.P Mehatpur, Police Sation Una, District Una, H.P. Reply/report filed. Investigation record produced and perused. Heard. Admittedly, the petitioner alongwith some other persons had entered into an agreement of sale of land, dated 10.09.2010, in favour of Karmae Garchen Trust, c/o Gyuto Monastery, P.O. Sidhwari, Tehsil Dharamshala, District Kangra, H.P. through S/Shri Rabgay Chosang, Gompo Tsering and Karma Ten Kzhong Wangdo. It is also admitted that one of the recitals in the agreement was that the sale could be executed after the proposed vendee obtained permission to purchase land from the government. Against the above background and in the backdrop of a huge sum of money having been recovered by Una Police from some persons which was linked to the alleged benami transactions of land by a Tibetian trust, a case under Sections 419, 420, 467, 468, 471, 120-B, 489-A IPC and 23 FCRA was registered at Police Station Una, vide FIR No. 23/2011, dated 26.01.2011. It was during investigation of the aforesaid case that a notice under Section 160 Cr.P.C. was issued to the ...2... petitioner by the police. In such circumstances, apprehending arrest he has moved this Court by way of present petition under Section 438 Cr.P.C. for bail before arrest. It is apparent from the stand on behalf of the respondent-State that as on now, the petitioner has not been arrayed as an accused in this case and has simply been called upon to associate himself with investigation of the case. In view of the above, the petition is disposed of as infructuous at this stage with a direction to the respondent-State that in case at any stage in future it transpires that the petitioner is also involved in this case and is required to be arrested, a week's prior notice shall be issued to him to enable him to seek his remedy, if any, before an appropriate court in accordance with law, if so advised. Needless to say that the petitioner shall comply with the aforesaid notice issued to him by the police under Section 160 Cr.P.C. and shall cooperate with the police in investigation of the case. The petition stands disposed of. Investigation record returned. Copy dasti. (V.K. Sharma) Vacation Judge 16th February, 2011 (virender)