145 crpc
Kavindra
(Querist) 07 December 2018
This query is : Resolved
A piece of land is shared by three co-owners where two of them being musclemen have divided it into half between them and have dispossessed the third ie. me from it. I want sec 145 imposed on it since there is tension between us for it. So do I need to hire a lawyer to file a case in SDM's court for it or should I simply submit an application on plain paper requesting 145 to be imposed? What will be the subsequent procedure? (note: It may sound an academic query but its my genuine personal problem.)
Dr J C Vashista
(Expert) 08 December 2018
Consult and engage a local prudent lawyer.
Vijay Raj Mahajan
(Expert) 08 December 2018
Engage local advocate for the case who is experienced in handling property cases.
K.K.Ganguly
(Expert) 08 December 2018
1. You shall have to first lodge a police complaint alleging your being dispossessed by the other side.
2. Thereafter you can file an application by yourself or with the help of an Advocate.
3. It is always advisable to hire an experienced and honest Advocate to contest legal cases.
4. However, make sure that the Magistrate makes it a point to issue preliminary order as per section 145(1) of Cr.P.C. duly mentioning the same i8n his order.
Kavindra
(Querist) 08 December 2018
Thank you all of you. Sir, I have lodged an FIR in this case in which chargesheet has been filed. Will the procedure on imposing sec 145 on my land be lengthy?
Kavindra
(Querist) 08 December 2018
Can I file my application for 145 CrPC on the online grievance portal if I do it by myself or is my original signature necessary as on FIR?
Raj Kumar Makkad
(Expert) 18 March 2020
If there is online facility in your area police station then it can definitely be done but better to personally lodge the complaint.
My question is that how the property of three can legally be got decided only among two? If shall be better to get the partition of the joint property vide which revenue authorities shall grant separate posession to every party to the partition.
