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Naveen Kumar   22 December 2021

court matters

This matter is about the landlord (My father) and tenant. There was a clash between the my father and renter over the rent and due to that my father health become worsens. he died in ambulance while taking him to hospital. Hearing the news of the death, Renter went to the police station and filed an FIR against the landlord (my father) and his son (me) accusing him of molesting his wife and daughter. People from the our side reached the police station with the corpse and file a murder case against the tenants.The police investigate the case and send the tenants to jail. Tenants are released from jail after a few months. Since then this case is going on in court. At the time of lodging FIR in police station, I was written the application on behalf of my mother. We were in shocked and did not want to fall in more problem that's why we left the case to God and paid no attention to the case. A government advocate is looking our case in court. When summons was issued against me and my mother for recording the statement, we appeared before the court and recorded our statement.The statement of all the witnesses of the case has been taken.

Now the question is,
1. whether Victim acted well leaving the case like this.
2. What happened to that F.I.R which was lodged by tenants against the land lord and his son.
3. Can a son's name be warranted in connection with that case?


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 2 Replies

Dr J C Vashista (Advocate)     22 December 2021

Originally posted by : Naveen Kumar

This matter is about the landlord (My father) and tenant. There was a clash between the my father and renter over the rent and due to that my father health become worsens. he died in ambulance while taking him to hospital. Hearing the news of the death, Renter went to the police station and filed an FIR against the landlord (my father) and his son (me) accusing him of molesting his wife and daughter. People from the our side reached the police station with the corpse and file a murder case against the tenants.The police investigate the case and send the tenants to jail. Tenants are released from jail after a few months. Since then this case is going on in court. At the time of lodging FIR in police station, I was written the application on behalf of my mother. We were in shocked and did not want to fall in more problem that's why we left the case to God and paid no attention to the case. A government advocate is looking our case in court. When summons was issued against me and my mother for recording the statement, we appeared before the court and recorded our statement.The statement of all the witnesses of the case has been taken. Now the question is,

1. whether Victim acted well leaving the case like this.

It is a subjective question which has limited relevance to your case(s).

2. What happened to that F.I.R which was lodged by tenants against the land lord and his son.

As you have mentioned in the facts FIR case is being persued by Prosecution. What else do you want to know.

3. Can a son's name be warranted in connection with that case?

Vague question.

It is advisable to consult and engage a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding to protect your interest.

 

P. Venu (Advocate)     22 December 2021

The tenants have been charged with a cognisable offences for which the State is the complainant and hence the Government advocate who conducts/prosecutes the case. The de-facto complainants are only required to depose as witnesses. They have no more role in conducting the case.

As regards to the complaint lodged by the tenants, thefre is nothing to be concerned unless you are summoned by the Court for trial.


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