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Vinayaka   11 August 2017

Lost things or pets

can any person has right to visit accused home accused's home asking for stolen things or pets



Learning

 22 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     11 August 2017

What exactly you mean by "accused". A person is accused if you file an FIR and the police may name a person in the FIR if name him as a suspect. Police may decide whether to search the premises of the suspect or not and the police would require a search warrant.

Vinayaka   11 August 2017

actually a false atrocity case has been filled on me, the complainant's

complaint is : [one day he had lost his cow next day while he was searching for his cow some how he came to know that his cow had came to my agricultural field and it was it was eating my crop so i had tied his cow in my home, so far enquiring about his cow he came to my home along with his 4 friends and while he was enquiring about the issue with my father i came out of my home scolding him with bad words related to his religion and i hit his face from my hand]

this is his complaint given to police on me and hence police have registered FIR and investigation is going on,

now what i want to know is do he has the right to come to my home asking about his lost cow and does this case come under atrocity act because compalinant has himself came in front of my home which is 50 meters away from public road and all 50 meters is our private land, the witness he has is his 4 friends who came along with him

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 August 2017

Whatever may be his complaint he can go to the Poiice, which he has done. He cannot enter your premises without your permission. If he enters and refuses to leave on being asked to do so, his act would amount to criminal trespass under IPC. What religion does he belong to? What religion you belong to? If he is a dalit he can complain against you.

Vinayaka   12 August 2017

He is a dalit and he had refused to leave our premises when we asked him and we have also given counter complaint on him

Vinayaka   12 August 2017

As we have given counter complaint on him the same day police have registered criminal case only on me not on him, why like that ? If he a dalit can he come to our house premises and scold us with bad words and file a atrocity case on me itself ?

Vinayaka   12 August 2017

As we have given counter complaint on him the same day police have registered criminal case only on me not on him, why like that ? If he a dalit can he come to our house premises and scold us with bad words and file a atrocity case on me itself ?

Vinayaka   12 August 2017

As we have given counter complaint on him the same day police have registered criminal case only on me not on him, why like that ? If he a dalit can he come to our house premises and scold us with bad words and file a atrocity case on me itself ?

Vinayaka   12 August 2017

Our counter complaint is he had came to our house premises and was scolding my father with bad words so I came to spot and pushed him out and he went back and again came to our house premises with his friends and threatened us. For this police have not filled any criminal case on him and his friends, so I want to know why police have not filled any criminal case on them.

Vinayaka   12 August 2017

Sir please help me, this is really a false case, he had himself came to our house premises which he has written in complaint also, if any one comes to our house and scolds us with bad words its obvious that we will get anger and hit him and push him out.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 August 2017

I am giving below sections from Indian Penal Code, 1860

Section 441 Criminal trespass:  Whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy a person in possession of such property, or having lawfully entered into or upon such property unlawfully remains therewith intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence is said to commit criminal trespass.

Section 447: Punishment for criminal trespass: Whoever commits criminal trespass shall be punished with imprisonment of either descripttion for a term which may extend to three months, with fine or which may extend to five hundred rupees or with both.

You may write a complaint to the police station quoting these sections and requesting them to file an FIR. You need to write only what he did and not what you did. If the Police refuse to file FIR you may file your complaint before the Magistrate's Court. It would be better if you do these through  a lawyer. Otherwise you can do on your own and engage a lawyer later if found necessary.

Vinayaka   13 August 2017

i my case he came to our house door and rang the door bell and when my father opened the door he started scolding my father, so does this comes under criminal tresspass and we have given the counter complaiant on that as i had mentioned about it in my earlier post, so can i now request the police to file a criminal case on him and as the incident has occured on 8/07/2017 last month can i modify it and few more things for that complaint so that my complaint gets stronger.

lastly thank you very much, your suggestions are very valuable and helpfull...

Vinayaka   13 August 2017

sir also can you name some case numbers of cases which are similar to my case and the court's have quashed the charge sheet or proven false in court, it will be helifull for me to file argument in my case....

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 August 2017

Your case would fall under Section 441. In your re-drafted complaint you give the setion numbers also.

Vinayaka   13 August 2017

Dear sir what are the conditions need to be fulfilled in order to implement atrocity case, I came to know that the incident should have happened in any place within public view, is this the only condition or is there any other conditions. And can I give redrafted complaint even if the police had done FIR for my earlier complaint, I still don't know weather police have done FIR for our complaint or not.

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