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R RAJESH GUPTA (FACULTY MEMBER)     06 February 2012

Property encroachment

I OWN A PLOT.  THE ADJACENT PLOT OWNER, WHOSE MAJOR PORTION LAND HAD BEEN TAKEN BY GOVT. OF PUDUCHERRY FOR WIDENING OF ROAD, IS LEFT WITH A SMALL PORTION OF LAND.  HE HAD BEEN THREATENING ME QUITE OFTEN THAT MY PLOT BELONGS TO HIM.  WHEN I VENTURED OUT FOR PUTTING COMPOUND USING PILLARS AND STEEL MESH, HE ALONG WITH HIS BROTHER CAME THERE AND DESTROYED ALL THE PILLARS AND THREATENED MY WIFE WITH DIRE CONSEQUENCES, WHO WAS SUPERVISING THE WORK.  THIS FACT WAS REPORTED TO THE CONCERNED POLICE STATION WITH A COMPLAINT.  IT WAS REGISTERED UNDER NON COGNISABLE OFFENCE.  NOT A COPY OF THE FIR WAS GIVEN TO ME DESPITE INSISTENCE.  EVEN THIS I COULD DO AFTER WAITING FOR 3 DAYS IN THE POLICE STATION.  THIS HAPPENED IN JUNE 2008 AND I AM YET TO GET A SUITABLE REPLY FROM THE POLICE.  I HAD VISITED THE POLICE STATION QUITE A FEW TIMES BUT COULD NOT GET EITHER THE COPY OR A FAVOURABLE REPLY.  WHAT I AM SUPPOSED TO DO NOW ?



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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     06 February 2012

It seems the police registered your information in a non cognizable case - which are of less serious nature and police can't investigate unless magistrate directs them too. 

In your case the offence relates to aggravated criminal trespass/mischief/criminal intimidation - many of them cognizable in nature.....You can file a complaint directly to your area magistrate seeking registration of an FIR u/s 156(3) of CrPC - wherein magistarte would direct the concerned police officials to register fir and investigate. However you have waited far too long - judge may not like it .

 


Feel free to seek any clarifications.
Best of Luck !
BharatAdvocate (Delhi)Convenor : Lawyers for Social JusticeTel : 9810553252 (only 6 to 9 PM) 

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     07 February 2012

Dear Mr. Guptha,

                         Your waiting is too long, you have to complaint the matter with the Senior Police Officials, (City Commissioner or S.P.of Police ) otherwise file a complint petition before magistrate.


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