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pramod (Proprietor)     20 June 2014

Power to restore possession by magistrate

All Respected Experts,

I wish to know from the Respective Experts of this Forum following things as below;

1. Whether a Magistrate Court could grant possession of immovable property back to the complainant from the custody of an accused who is convicted under the criminal trail for the charges of house trespass ?

2. What is the procedures to be followed by the complaint in case of refusal of order by the Honourable Magistrate? 

3. Whether complainant could take any appropriate procedures against the Magistrate in respect of his plea and prayer which was rejected by the Magistrate to any appropriate authority to lodge a complaint against the unlawful decision of the Honourable Magistrate and to plead his restoration of possession of his immovable property, which was dispossessed by the accused illegally without following the due process of law?

I shall be highly indebted before this Forum. 

Thanking You.

Pramod K.P

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     20 June 2014

To get possession you will have to file a civil suit for possession.  Criminal court cannot grant a possession

pramod (Proprietor)     20 June 2014

Dear Rajeev Sir,

I have put up my concern based on the provision of Cr. P.C. Section 456, hence desired the opinion of all respective experts. Kindly guide me further course of action. 

Thanking you Sir..

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