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.
 
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Advocate

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


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Advocate

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. 

 
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Retired Manager

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.

 
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Retired employee.

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.

 
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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. 

 
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have due sanction against police officers under section 197 of the crpc
 
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what should we do if magistrate has not allowed 156(3) agenst the Police officers even you have strong evidence agenst the Police
 
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Advocate

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.
 
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Advocate

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. 


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