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Raghav Arora   09 May 2021

Case against police. complaint to the magistrate?

The possession was in the hands of my client on a land which was a no man's land adjacent to a river.
He has been in possession for 25 years and was living and working as a tempo driver loading confectionary from the same place.

Just besides it, a party bought a land to build a hotel on it, and subsequently when the client was not at his house, the builder put up JCB to pull down the house and threw all his stuff away. Client returned after around 6 hours of this destruction starting and by the timehe was there a lot had been damaged. He made a film of the entire event.

Everything was done with the help of the Police and so now police is taking no action although we have filed an FIR u/s 154 and then approached superior officers in 154 (3).

The question is, now should we go for a complaint case before a magistrate?
Is there any harm or shortcoming of a Complaint case?
What procedure is followed when a complaint is filed before a magistrate?

Is there any other way that this situation should be taken care of?

Please help.


 12 Replies

Sankaranarayanan (Advocate)     10 May 2021

First the land belongs to whom? If a person comes to place and destroyed all means it is not one day drama. Anyhow take photo of incidence and complaint to higher authority and Human rights authority. Give more clarity about the property  will be more support to give our further suggestions

1 Like

Pradipta Nath (Advocate)     10 May 2021

Apply under section 156(3) Cr.Pc and also approach the civil court for compensation. Aside need more details for analysis as to whether other reliefs like section 6 of SR Act or otherwise can be accommodated or not! Also ensure to file an ad interim and/or temporary injunction application with the main complaint. 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     10 May 2021

The matter would not have escalated to the level as explained by you. It must have been brewing for some time. It is better you approach a local competent and reliable Lawyer with full facts and documents if any and seek his assistance for the further course of action.

G.L.N. Prasad (Retired employee.)     10 May 2021

Focus on a remedy.  Any civil matter is to be decided by a competent court alone. Police were brought in to maintain law and order and to avoid friction, and when someone is not the owner at all as per revenue records, there is no necessity to inform them.  Police should not be dragged into civil matters and criminal case is not a remedy. Explore possibilities if any for regaining the land through a competent advocate and there are no alternates.

Raghav Arora   10 May 2021

Thank you everyone.

Sankaranarayana Ji, the land a tually belonged to no one. The client took possession of the land around 25 years ago. He had no other place to live in then. Ye acquired the posession through 'Kabza'. 

 

Since then, he had been living there. 

Now, he got thrown out by the Hotel Owners. 

The issue now is that FIR has not worked at all. Since, those who dispossessed the client are influential and actually have relatives working in various police departments. 

So now, should we go to Criminal Court and file a complaint ? How does it work when complaint is made to a magistrate? 

Should we invoke S. 6 of SRA? 

Should we write to the Human Rights authority as well? 

Also, sorry to ask, but this gies to a Criminal Court or Civil Court? 

When they dispossessed the client and he revolted when he came to the site, they have hurled abuses and beat him. 

 

I am sorry to write so much for you all to read. 

Law Point   10 May 2021

have due sanction against police officers under section 197 of the crpc

swapnil jamdhade   11 May 2021

what should we do if magistrate has not allowed 156(3) agenst the Police officers even you have strong evidence agenst the Police

Venkata KumaR.G (Advocate)     11 May 2021

Make a complaint before concerned magistrate. Not under 156(3) Cr.P.C. Unader Sec. 200 Cr p.c. and pleas to taken on file the case. The rest will be done by court.

T. Kalaiselvan, Advocate (Advocate)     11 May 2021

Since a FIR has already been registered by police on the basis of complaint, if the police are not progressing the investigation or reluctant to take further action, you may approach judicial magistrate court with an application under section 156(3) cr.p.c., seeking direction to the concerned police to initiate proper legal action on the complaint made by you or you can file a private criminal complaint under section 200 cr.p.c. against the accused for action directly by court  for the grievances you suffered. 

1 Like

Raghav Arora   11 May 2021

Thank you everyone!

Thank you KelaiSelvan Ji.

We have recvd from exoerts the following advices -

1. Write to Hunan Rights authroity

2. Use S. 6 of SRA

3. File Civil Suit for compensation

4. Go under 156 (3) against police

 

Is there anything else that we may look into or explore? 

T. Kalaiselvan, Advocate (Advocate)     11 May 2021

In my opinion:

Approaching human rights commission in this regard is just a waste exercise, they cannot do anything about it, it is not a police excess, as a matter of fact it is a criminal act or an illegal act done by the opposite party, hence a criminal complaint with the police is the proper remedy for this atrocious act done against the complainant.

Section 6 of specific relief act says:

Section 6 in The Specific Relief Act, 1963. (1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.

Law Respects Possession -Understanding The Concept Of Adverse Possession. ... Under Section 5 of the Specific Relief Act, a suit for recovery of possession can be filed by a person who is entitled to the possession of the specific immovable property in the manner provided by the Code of Civil Procedure, 1908.

Before that since the complainant himself is not the owner of the property from which he was dispossessed, he first has to declare his title that was perfected by operating law of adverse possession.

For this he should have given an application to the revenue department to enter his name in the revenue records based on his long possession and adverse possession.

If the Revenue department recognised his title on the basis of his possession and issued him the patta, then he can be termed as owner of the property and not before that. 

In the absence of his title to the proeprty, just because he was in possession of the property will not entitle him the title of property hence he may not be eligible to file a suit under section 6 of Specific relief act. 

Further, Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law..

Since he has been dispossessed by force using his muscle power and with the help of  antisocial elements  and also he was subjected to physical assaults, abuses, injuries, he is entitled to lodge a criminal complaint against the intruders, can escalate the matter through court, if the police is not cooperating with the complainant. 

 

1 Like

P. Venu (Advocate)     11 May 2021

"a party bought a land to build a hotel on it" - if a no man' land, who was the seller?

 


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