Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Chetan (Advocate)     03 December 2008


My client is tenant since 2000, In March - 2008, a gundas attack on my clients house for the purpose of disposessing the house and looted some important documents and golden article worth of Rs. 92,000/-.

my client lodge the report against the accused persons but  forget to mention the name of landlord, the offence has been registered u/s 143, 147, 448, 342, 427, 506 IPC.

Wheter I can file a Complaint Case against the landlord and demand him Rs. 92,000/-Pls provide me procedure, complaint draft and relevant citation.....



 3 Replies

bhagwant (lawyer)     03 December 2008

very first u had to file complaint u/s 395 if person were more than 5,

Since it is criminal case u cannot claim said amount from landloard,

If the said amount would have recovered from accused, as looted property than u could claim for it.

D.V.RamaKrishna (Advocate)     03 December 2008

Mr. Chetan

You stated that a complaint has already been filed against the so called gundas who have illegally entered into the house of your client for the purpose of dispossessing him from possession of the property, but has the owners name not been included in the said complaint. If so why have you not included his name in the complaint at that time. As the gundas were acting as agents of the owner of the property you can always file a complaint against the owner also. Please contact the concerned station house officer in regard to this.

Else you can always file a private complaint before the concerned judicial magistrate u/s 200 cr.p.c and request the court to pass appropriate orders.

With respect to recovery of money, documents, jewellery or any other valuable property that the gundas may have taken have from you foricbly, you can claim the refund from the owner/gundas provided you are able to prove such fact.

K.C.Suresh (Advocate)     04 December 2008

Getting back the money and articles stolen you have top wait for the conclusion of the criminal procedings. In order to add a person in the accused list your firther statement is sufficient for police. if they are not co-operating you can approch the court and file a pvt complaint and forward the same u/s 156(3) Cr.P.C. That complaint will go along with the orginal complaint.

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