Cognizable offence or not
sandeep rane
(Querist) 25 January 2015
This query is : Resolved
Respected Members,
please guide
A is residing in a house with his family as a legal heir of that house.
Other legal heirs of that house forcibly expelled A from that house & locked that house.
In police investigation it was proved that other heirs forcibly expelled A from that house.
In such situation this offence is cognizable or not to register F.I.R. against other legal heir ?
If yes then under which section ?
Please reply.
thank you.
Isaac Gabriel
(Expert) 26 January 2015
It attracts civil dispute.
Guest
(Expert) 26 January 2015
Are you heir 'A' or one of the others who expelled 'A'?
sandeep rane
(Querist) 26 January 2015
Thank you PS Dhingra Sir & Rajendra K Goyal Sir,
It is not a academic query.
I am from A side.
Thank you
Nadeem Qureshi
(Expert) 27 January 2015
there is no offence but civil dispute, until if there is any assault or hurt caused to A by the other person.
T. Kalaiselvan, Advocate
(Expert) 28 January 2015
Forcibly throwing away from the house becomes an act of physical assault on which a complaint can be lodged with the police. If entry is not allowed then it is becomes a matter to be decided by civil court.
SAINATH DEVALLA
(Expert) 21 February 2015
Dear Sandeep,
U have said that U are from side A,but not A itself.So more than one persons have been expelled.OK, What kind of a legal heir you are?Once U post a query you should be very clear in UR expression to obtain apt advice from the experts
Guest
(Expert) 21 February 2015
How you are concerned with section of any act? That is the duty of the police to see under which section the complaint falls, when registered.
Even otherwise also, you are neither an affected person, nor you can register complaint for and on behalf of the affected person, nor the police asks the complainant to quote section under which to register complaint. So, where arises the need for you to ask for the section of any act?
So, your query is nothing except an academic query. However, if the problem is real one, just ask A to lodge his complaint with the police.
sandeep rane
(Querist) 23 February 2015
Thank You, Nadeem Qureshi Sir, T. Kalaiselvan Sir, SAINATH DEVALLA Sir & PS Dhingra Sir for your reply.
Further fact are :
1. Police refused to take complaint.
2. Written complaint fled to the commissioner of police.
3. Commissioner of Police ordered to the Police station to make investigation.
4. Police conducted investigation & submitted report to the Commissioner & public prosecutor that it is proved in investigation that other party has forcefully has expelled A's Family.
5. Public prosecuted asked police to register F.i.r. if police think this is cognizable.
Police refused to register F.I.R saying that it is civil Case & hence non - cognizable for them.
My confusion is that if this complaint was civil nature & non cognizable then how Police conducted investigation when police do not have any power to investigate in non - cognizable offence ?
Here I want to know that after filling of this complaint is it mandatory for the police to take cognizance of the complaint i.e. register F.I.R ?
Please Guide.
