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aman singla (owner)     28 September 2014

Sec 379 and sec 31 mmdr 1957

sir i had taken a land on lease till 20 october 2012 for digging of soil.which was vacated by me in oct 2012.but in 2013 case have been filled agiainst lessor by mining officer under sec 379 of ipc and sec 21 of mmdr 1957.and fir have been duly registered against lessor.but lessor have filled a police complaint against me that after october 2012 i have lifted  soil under sec 379 (this application is made after fir has been lodged ).and also police report has been given in favuor that i have committed an offence under 379 but actually not.kindly advice me.there is no earlier communication of theft by police or complainant.


 3 Replies

Ashok, Advocate (Lawyer at Delhi)     28 September 2014

You’ll have to fight the case out on merits by showing that you did not commit any theft and that you had already returned the land.

aman singla (owner)     29 September 2014

Sorry it was sec 21 in place of 31

T. Kalaiselvan, Advocate (Advocate)     04 October 2014

The lessor who might have indulged in illegal mining activity after your departure from the lease agreement/land, might have been caught by the authorities however to protect himself and save his skin, as an after thought he has lodge a complaint against you, now since your lease agreement was terminated in the year 2012, without renewal of agreement, you are deemed to have vacated the leased land upon termination of the contract.   You may have to fight it out properly based on this issue and other local factors.

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