LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

HI12345678 (manager)     24 January 2014

Police not filing charge sheet

Sir,

I purchased a house 7 months ago and later it came to know that it was fraud made by the seller. I came to know from village officer RTI reply that the house not situated in the land actually sold to me. Also I came to know that the seller had take loans from SBI which he hide it when he sold the house. I didn't notice it since the survey numbers are different. I filed a cheating case in JFCM court and court ordered police to investigate the case. It's 4 months police is not filed the charge sheet. police is telling that they couldn't conclude the investigation as village officer is not giving report stating that he couldn't give report until a civil case filed by SBI is settled .

Please advise advise what I can do further to bring the culprits infront of law and  make sure that the charge sheet is filed. How I can approach highcourt.. whether I can file a writ in HC in person as many lawyers ask for hefty fees which I couldn't afford

please advise 



Learning

 10 Replies

HI12345678 (manager)     24 January 2014

please reply

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 January 2014

the limit to file the charge sheet remain same described in section 167 (2), the police can apply for extension and it is discrition of the Magistrate to allow the period as he deemed fit.

 

Further, chapter XXVI deal with the limitation for taking the cognizance. Section 468 of CrPC contemplated  the period to take the cognizance by the court :-

01.    Six months, if the offense is punisable with fine only

02.   one year, if the offense is punisable with imprisonment for a term not exceeding one year.

03.   Three years, if the offense is punisable with imprisonment for a term exceeding one year but not exceeding three years.  

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     24 January 2014

Dear,

 

Please try to understand that your case  investigation is going on, no court would interfere except that it would direct to speed up the investigation. File RTI ask the status of the investigation, why report has not been collected from the village officer, whether any notice to him has been issued to cooperate in investigation has been issued or not, what reply IO has received from village officer ask the copy. approaching court would be of no help as your case is not before the court. You can call me for clarifications.

 

Rajiv Bhasin 

Advocate 

Bhasin Legal Consultants

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com

9811210505

HI12345678 (manager)     24 January 2014

Thank you very much for your reply sir... 
 
I filed the case in JFCM in september 15.. police registered the FIR and taken my statement on 26th september 2013...
Since there was no information until November end I have asked the status to police station and they gave reply in November 23
which states that "despite many reminders made to village officer he is yet to give the report and hence the enquiry is not concluded"  
 
Then I have gone and fiollowed up with him... On  November 29 police informed by e-mail that "they got the report from village officer, but  expecting reports from registrar office and SBI to conclude the investigation"  When I enquired in registrar office and SBI, they haven't received any letter from police requesting informations...  
 
When I have informed the same to police last week, they have replied to me that "Village officer has denied provide the information stating that since there is a civil case is filed and he send a report to tehsildar to cancel the land transfer roll no.alloted  since the land transfer was made with fraud. he could give the report after settling the civil case and land transfer roll number cancellation." Though I have asked for the report from village through RTI, they still didn't provided. 
 
In parrale I have send a letter to circle inspector (appelite authority) as per right to service act to advise me the exact status of the case but he didn't replied yet... As per service act 2012, police is suppose to complete enquiry once petition filed within three days..
 
police still didn't arrest the culprits 
 
Sir please advise the way ahead to force police to submit charge sheet..

HI12345678 (manager)     25 January 2014

any reply 

NM (abc)     26 January 2014

hello, i think there is some more detail missing here before anything could be advise.. 1. you said you overlooked the survey no. did you check the EC based on the survey no of the land before purchasing the land..if not,what is the survey no you were referring to?  2. were there any separate documents made for land and house? 3. SBI usually does equitable mortgage on the property..did it not show in the EC that a loan is pending with SBI? 4. was there any legal review made on the property documents/on the land?

my brother went through a similar ordeal couple of years back on which he was successfully making progress through.

HI12345678 (manager)     26 January 2014

Thank you for the mail.... Sir the land he registered to me in survey number 3  and I have taken the EC which their was no liabilitities. my deed and the previous deed has shown house number 490 in it... However the guy who is allegely statying there was the second last owner and he has sold the land with house to my seller....

 

Now he is telling thta the houss is not in survey number 3 , but it is situted in survey no. 2... village officer report says that the house is not in survey 3, but in 2..

The guy who allededly statying is the owner of survey no. 2 and he has pledged the house 490 to SBI and surfassi proceedeings are going on... I am attaching the copy of the civil case which i am planning for money recovery and will give a clear idea of the case 


Attached File : 571483256 letter from sbi (1).pdf, 571483256 civil suit filed in nort paravur court.pdf downloaded: 209 times

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     27 January 2014

Dear,

Immediately contact the SBI officials and also good advocate practising in DRT, as mentioned by your SARFAESI proceedings have been initiated. Please check whether it is under section 13 going on or not. If SBI has filed the petition under section 14 then court will attach the property then you will have the remedy of appeal under section 17 and you have to deposit the all loan amount. Civil court jurisdiction is not binding on DRT / SARFAESI Act. Don't wait for police to take action, there must be collusion of village officer, police as well SBI officials to grab the property. Rest is upon you. engage lawyer and check about proceedings in DRT / Distt. Magistrate under section 13 / 14 of Securitization Act (SARFAESI). 

 

Rajiv Bhasin 

Advocate 

Bhasin Legal Consultants

SOLICITORS AND ADVOCATES

www.bhasinlegalconsultants.com

9811210505

HI12345678 (manager)     27 January 2014

Thank you sir,  I am not claiming the title of the house which is situated in another survey number not owned by me. If I go to challenge the surfaessi proceedings, that will be beneficial for the culprit as long the land he pledge to the bank is not the land owned by me... 

 

Only house 490 is the common factor.  As per the deed which I have the house is in survey 3 and as per the details given to bank by the previous owner the house is in 2.. The village officer ratifies the house in survey 2.. So is it beneficial to claim on a land with SBI which I don't have titles...

 

please advise

Tanmoy Banerjee (Freelancer)     29 August 2014

Hello Sir,

I'm from Kolkata, accused by a Co-flat occupant, who is using her daughter to file false n fabricated FIR to grab my Flat. I was arrested on 14-02-2013 11:30 PM (granted bail in 18 hrs) U/s 341/323/509/506(ii)/114 IPC.  and  28-08-13 10:30 PM  (also bailed) U/s 354A354B/506(ii) IPC . All my Computers including Monitor / mouse etc were seized after arrest. The girl's dad is an influential man so he is  using the state mechaniry, he used his resources to keep me in PC / JC till 2nd sept 2013. He even used the Cyber PS (Kolkata) to keep me in PC (Lalbazar) n JC for abt a month. They got nothing against me n gave IPC 420 /421 IPC in their report so that I dont get bail. I can prove that they have fabricated my medical reports. Kept me in Lal Bazar PC with 100 / 60 BP. Beaten me badly in the leg so tht it affects my eye n no evidence is left. Didnt give me my medical report inspite of medical officer's order. I was told on the day of getting bail that I must say I'm ok else they will finish me.I had no choice so said what the told before being taken to court.

 
I got bail on 3rd sept 2013. The date for CS was mid of march 2014 Local PS n Cyber PS April, but no PS has the guts to give the CS as the case will go to trial. The Complaint will have to appear in court for cross examination. I have documented evidence that the case is fabricated so they dont want to appear in Court. 

Plz advise what I can do to force the police to give CS or is there any other means possible to bring the high headed lady to the witness box in absence of CS.
 
I'm located at Kolkata. Plz let me know if u know any Lawyer frm kolkata who has the guts to challenge these high headed police who dnt follow any law of the land and arrest illegally.
 
I'm lucky as I'm an IT freelancer else my job etc would have been at stake had I been an employee. I want to go abroad now but cant apply for passport as there is a case pending against me :(

Plz reply here or mail me tanmoy.techie@gmail.com
 
I would be greatful. Please dnt worry abt professional fees.
 
Thanks n best regards,
Tanmoy Banerjee

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register