indianlawlearner 23 February 2020

Church society property encroached. no police action

A group of unknown people entered into a church In the name of worshiping and have encroached the church premises and refusing to leave now. This church is registered and functioning for the past 40 years under the Indian Societies Registration act. This group of unknown people are now claiming that the society under which this church is function is theirs now.

The pastor, who is also the president of this society registered a formal complaint for criminal trespass and has obtained a CSR from the local police station. The police inspector is now asking for all society related papers and scrutinizing the documents including Certificate of Registration, By-Laws, Minutes of meeting, Resolutions etc. He is bent upon scrutinizing only our side of documents all day inspite of knowing that this unknown group has no relevant documents to claim this property and the society. The police has not taken any action against the group of unknown people who have now encroach the church premises. This unknown people have now removed the church name board and replaced another board in its place. They are eating, sleeping and doing all kinds of atrocities inside the church now which is spoiling the peace and serenity of our holy church. Until 9 am yesterday, we had the possession of the church. These people entered at 9 am and are doing all activities which is disturbing the serenity of our holy church. Police is not taking any action to evict them inspite of seeing all this. We are unable to conduct church service today (Sunday) because of this issue.

Here are my questions

Does the Inspector of Police have rights to scrutinize Church / Society related papers like Certificate of Registration, By-Laws, Minutes of meeting, Resolutions etc. Do they have the right to do that?
Police are not taking any action to evict them inspite of complaining and obtaining a CSR for criminal trespass. Instead they are asking us to show all documents but not asking them any. How do take action on this
What are the legal remedies available to us to secure the church premises immediately again?

Reply Follow

4 Replies

Adv Haresh Raichura (Advocate on Record) 23 February 2020

1) Police has no such rights. You can write to higher police officers to change the Investigation officer
2)3) An application to Magistrate under Sec.145 of Cr PC. If Magistrate founds that you are dispossed, he can put you back in possession.

4) If the evidence about your prior possession is disputed, civil suit may be considered to evict trespassers.

SHIRISH PAWAR, 7738990900 (Advocate) 23 February 2020

Dear querist,

Police can ask for society documents during investigation. If police is not taking action in that case you have to file private complaint before court against the accused.

Regards,

Akshay (Advocate) 23 February 2020

Thank you for your question

1. NO, police does not have any right to check the documents of yours, they have the right to stop you if they found any "suspicion".

2. Yes according to sec145 Crpc-Procedure where dispute concerning land or water is likely to cause breach of peace.

sec145(4)-The Magistrate shall then, without, reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub- section (1), in possession of the subject of dispute: Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub- section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub- section (1).

sec145(1)-Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.

According to me hire a lawyer who will you more.

Hope this will help you

Best Regards.

Akshay Gupta

SHIRISH PAWAR, 7738990900 (Advocate) 23 February 2020

Police can ask for society documents to verify who legally entitle for the property. You can show on paper that you are legally entitle for property if you fail police cannot do anything.