Police Intervention in civil matters

Sanji-Paul Arvind F (Querist) 07 February 2011 This query is : Resolved
Dear Sirs,

This is regarding a shared property belonging to my Late Grandmother where in my 3 aunties and my late father are legal heirs. Few months ago they tried to get the khatha transferred onto their name for which I had given an objection with the BBMP and later issued a legal notice. In December they had called me for a discussion and I took my lawyer and explained to the RO saying that I am in the process of filing a suit and not to transfer the khata on their names and I and brothers are legal heirs of my late father. Somehow BBMP have issued a condition Khatha onto their names and after that I have filed the partition suit. They coming to know about this lodged a false complaint against me and my wife. The police are not ready to listen to anything I have to say and tells me that "they being old women’s their support will be towards them no matter what mistakes they do. As the police commissioner has advised them that khata holders to be given more importance and said that I am a guest staying with them and if I do not abide with them, I will have to face consequences. How do I go about it, please reply at the earliest.

Thanks & Regards
Sanjay Paul Arvind F
Austin Town, Bangalore

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Guest (Expert) 07 February 2011
INCLUDE THE POLICE AS PARTY IN THE PARTITION SUIT AND GET AN INJUNCTION ORDER FOR NOT TO FOIST A FALSE CASE AGAINST YOU OR YOU CAN FILE A SEPARATE SUIT IN THIS MATTER.

KANDE VENKATESH GUPTA (Expert) 07 February 2011
Interference of police in civil matters and threatening and coercing people is nothing but violation of fundamental rights of the citizen. You can approach the High Court in which state you are residing or the police interference took place and file a writ petition u/a 226 of the Constitution of India seeking Writ Directions against the particular police officer who is threatening, not to interfere with your civil disputes and not to interfere with your personal liberty without due process of law. You may also approach the concerned State Human Rights Commission seeking the similar directions. All the best,

K.VENKATESH GUPTA

Chanchal Nag Chowdhury (Expert) 08 February 2011
1st. file the suit & obtain the necessary interim orders. U may thereafter move the higher authorities informing them about the order & asking them to refrain. If all these fail, move court. Remember, the police is moving on the strength of a complaint howsoever false it may be. So they are well protected.U need to tread carefully.