Regardiing sec 379 of ipc and 21 of mmdr 1957
aman singla
(Querist) 28 September 2014
This query is : Resolved
sir i had taken a land on lease till 20 october 2012 for digging of soil.which was vacated by me in oct 2012.but in 2013 case have been filled agiainst lessor by mining officer under sec 379 of ipc and sec 21 of mmdr 1957.and fir have been duly registered against lessor.but lessor have filled a police complaint against me that after october 2012 i have lifted soil under sec 379 (this application is made after fir has been lodged ).and also police report has been given in favuor that i have committed an offence under 379 but actually not.kindly advice me.there is no earlier communication of theft by police or complainant.
P. Venu
(Expert) 29 September 2014
No offence of theft is made out. However, it depends on the provisions of the local laws and regulations whether royalty and/or charges is payable on the sand removed.
Rajendra K Goyal
(Expert) 29 September 2014
Local law is involved, Consult a local lawyer and defend your self.
aman singla
(Querist) 30 September 2014
As per mining officer offence was committed on 2/6/13 and ends on 2/6/13 but police given his report that offence was done by him after 2012 on the bases of enquiry in may 2014 .
As per the actual contract 2 foot soil is to be digged but police report says that there was a contract of 2.5 foot of soil .
K.K.Ganguly
(Expert) 30 September 2014
1. If the lessor has made the police complaint after the case against him was registered by the mining officer, you can argue that the said police complaint has been lodged by the lessor to save him and is an after thought,
2. The police complaint is required to be seen for giving proper advice,
3. However, the complaint is required tio be proved with valid evidence and you shall have to counter those evidences duly producing counter evidence.
aman singla
(Querist) 01 October 2014
When the police report against me was issued by police then agriculutual activities were going on ..how can i prove before the court that agriculutural activity was going on..
K.K.Ganguly
(Expert) 01 October 2014
1. You have not disclosed the valid points. Did you return the land after the lease period was over in writing?
2. Did the lessor filed a complaint against you after the mining officer had filed a case against him? Or was the complaint lodged before the case was filed?
3. You shall have to produce photographs or appeal the Court to verify that the said land has been cultivated afterwards which would not have been possible had you excavated the said land.
aman singla
(Querist) 01 October 2014
1.no written acknowlegment from lessor on return.
2. Complaint was filled by lessor against me after mining officer lodged fir against lessor
aman singla
(Querist) 01 October 2014
1.no written acknowlegment from lessor on return.
2. Complaint was filled by lessor against me after mining officer lodged fir against lessor
T. Kalaiselvan, Advocate
(Expert) 04 October 2014
This is an after thought complaint by the lessor to save his skin from the onslaughts of the mining department for the charges against him for illegal mining. Thus, as per your lease agreement you are supposed to quit the agreement on its termination and you have done so. This should be your stand and should also maintain that you do not know what happened to the land or anything in that regard after you vacated the leased land on termination of lease agreement.
K.K.Ganguly
(Expert) 04 October 2014
1. You shall have to produce evidence that you had surrendered the property after the lease period was over,
2. You also should put forth the ground that since you had already left the leased premises handing over the property to the lessor who dug the land illegally, the mining officer has filed the FIR against the lessor and not against you,
3. Your another argument should be that the lessor has filed FIR against you to shift the blame on him after FIR was filed against him by the mining officer.
