Trespass fir, injunction suit, criminal petition


my father purchased an open plot vide registered sale deed in 1976 and gift registered it to me in march 2018. I constructed a room and compound wall with locked gate on it in june 2018.

 

In my absence, my paternal cousins trespassed into property in july by breaking lock, pasting a poster stating they owned the plot and placed their own lock. Same day locals informed me and I filed an FIR against unknown persons stating names on posters matched those of my cousins. Next day police conducted a panchnama and took an eyewitness and a circumstantial witness statements. I broke their lock and placed a new lock. Two days later same cousins filed for an interim  and permanent injunction against me from the property in dist court showing a release-deed they obtained from their father surreptitiously in yr 2015 and pictures taken during their trespass as evidence of their ownership and claimed they constructed the compound and room. In my defense I submitted the wall and room construction time pictures, mason statement, material bills as evidence I constructed the wall and room, and 1976 sale-deed and 2018 gift-deed as evidence of my ownership. Meanwhile, based on FIR, police filed charge sheet and magistrate initiate criminal suit in the district sessions court against the cousins.

 

Both the civil and criminal case are pending in district courts.

 

Now cousins have submitted a criminal petition in high court seeking quashing of criminal case in district court citing again that they own the property and built the wall and room and that a civil case is pending. The high court has sent me and the public prosecutor a show cause notice by June 04 2019.

 

What should i expect and do now? Would it suffice if I post a letter to the high-court objecting to the petition describing the reasons. Will I need an advocate? Can I request all the cases be transferred to high court?

 

Regards.

 

 
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you can't write a letter to high court.. u need a advocate . to post a counter to the quash saying that... which is not true.. k.. you can transfer to high court... lower court need to chek
 
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Thx deepa for responding. what would be the advocate expense and typical procedure and duration until end of criminal petition if i hire an advocate to respond to quash petition.

 
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forgot to mention, from  constructing the copound and filing the FIR until now I obtained a house number and current connection and my tenant is residing in the premises. My cousins fraudulently tried to obtain a housenumber also before trespass but after trespass I appealed and their application was rejected upon scrutiny by the municipal authorities.

 
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we can't say that bezz alrdy u know it.. bezz of that case in lower court. k. cases will be small the procedure will be typical.. always... if you both parties go for compromise then it will be easy.. until that it will be continung
 
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practicing lawyer

Dear Qureist, High Court have ample power Under section 482 of Cr.PC and High Court can quash the FIR registred against them by using such power confrred under above mention section of Cr.P.C after hearing the arguments of both the parties.

Without knowing the details facts of the case, in my opinion you need to take the assitance of professionals.

Regards

Jaspal S Maini (Adv)

9999987283.

 
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Can  criminal trespass case be held in suspension until a civil suit filed by accused subsequently is adjudicated? Or can the civil case be held in suspension until the trespass case is adjudicated? Wht sis the general practice in such situations?

 
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