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V K VIJAYARAGHAVAN (CFO)     10 January 2014

Leased premises

We had taken a premises on lease and later gave notice of vacation and informed the Lessor to refund the rent  deposit he had taken so that we can hand over the keys. Subsequently we found the locks were broken and the seems land lord has either allowed another tenant/ or he has sold the premises. The police refused FIR or not even accepted our complaint. What is the legal remedy ?   



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 2 Replies

adv.raghavan (Advocate,9444674980)     11 January 2014

Hope u have made the complaint if not Send the complaint by registered post to the concerned police superior officer, he will forward the same to the concerned station to look into the matter, if nothing is happening, then move concerned JUDICIAL MAGISTRATE COURT and get a order under section 156(3) of crpc, directing   the police to FILE FIR  and investigate the matter further.

Rutumbhara Nayak (lawyer)     16 January 2014

Dear VIJAYARAGHAVAN- the land lord might have allowed another tenant/ or he has sold the premises to some other person. The police refused FIR or not even accepted our complaint because under Section 154 Cr.P.C., a police officer is bound to register an FIR when a cognizable offence is made out. under Section 155 CrPC - When information is given to an officer in charge of a police station of the commission within the limits of such station of a non- cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate. Once there an order by the magistrate the police can start investigation. What you can do is send a written complaint to a senior police officer, he will forward the same to the concerned station to look into the matter, if you find no result out of it then it is better if you move to a concerned judicial magistrate court and get a order under section 156(3) of crpc, he can direct the police to conduct an investigate in the matter further.
Rutumbhara www.lawkonect.com 09555 507 507


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