My purchased house in which my ex wife unauthorized capture and reported then fir on 452, 294,506
Ajay Kumar Reddy
(Querist) 18 September 2014
This query is : Resolved
Respected Expert,
My house which is unauthorised captured by my ex wife. She has complaint on 22/03/2014. That she has gone out of city that I am entered house where labours are working and I have given bad words "Gande Gali"and i have told them if u will not stop of working then i have told them "Jan se mar Dunga".
In this case she got the information by labour by telephonic becuase she was out of city. No labours has gven any evidence in crpc 161. One more evidence has rake that of neighbour & he says he was in Ajmer from 5th of mach to 16th of march. Another one eye witness that she told i has used wrong and bad word with "contractor". She has complaint because i won 409 case on 17th feb 2014. I have not gone in my house. At the same date our one more case in F/c is running at that dte she has given application of 317 that she gone "vishakhapatanam".
I have given JMFC one written argument for before charge Then he has charged on IPC 452 & 294 only. He diminished 506.
I am going for revision of this case in Session court. I have taken pleading That:-
1. Labours evidence is not in this case then how Sec 294 will come?
2. That house is mine she has given 1 application that "opposition of bail"that this house is purchased by my ex husband?
3. Who has gvn complaint she was not present at that time. It is hearssy report.
4. One evidence is also telling that he was not present at that time and he was gone out of city.
5. The statement of one evidence is deffer from who has gvn the report. In report it is mentioned that abusing word is utilized with labours but she is telling abusing word utilized with contractor.
6. Eviction petiotion is pending against my ex wife.
Plz answer my querry:-
1. Any citation for quashing this type of fake report?
2. weather 294 and 452 will sustain by this type of report, plz provide yours view.
3. Any more plead i have to take?
Plz reply & advice me for this wrong report.
Thanking you,
Ajay Reddy
Raj Kumar Makkad
(Expert) 21 September 2014
You should plead all facts you posted including that 452 IPC cannot be imposed because the house do belongs to you. Such section can be imposed only against a trespasser. Even if your wife was exclusively residing therein, still your right to enter therein cannot be regarded as an illegal act. I hope if properly pleaded, your revision can be allowed.
Ajay Kumar Reddy
(Querist) 23 September 2014
Thank u very much Rajkumar makkad sir. Weather there is any citation regarding or match with my case then it will be very helpful to me.
Once again Thanking you,
Ajay Kumar Reddy
T. Kalaiselvan, Advocate
(Expert) 26 September 2014
Entry into your own house cannot be treated as trespass. Moreover she cannot make a complaint u/s 294 too if she has stated that she had heard the abuses through a third person over phone. You have strong case, challenge it properly. Citations are not produced here.
Ajay Kumar Reddy
(Querist) 27 September 2014
Thank you Very much T. Kalaiselvan sir. Only by all expert view i am getting confidence and giving the path to me for winning and disposing my case.
Once again Thanking you,
Ajay Kumar Reddy
