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aya   30 October 2018

Criminal trespass case not regd..by cops ,can i approach cou

i HV a independent property in a village. Recently visited saw a distant relative stealthily occupy it without my knowledge.. Instead of hvng a fist fight I approached cops,local SHO,I made a complaint & askedFIR on relative had given certified copy of sale deed,copies of tax receipt & submitted to local SHO to register a criminal trespass & evict as per law a distant relative who has taken undue advantage, broken my main door lock & had been using the premises as her own residence without our knowledge ,consent( verbally or written consent not there) My property is between me,my sister,I own 80% ,she 20% & both us( siblings are not in good terms due to some misunderstandings recently) Now cops serve her a notice ,the distant relative, asks her to file a reply in 07 days, which she does.in that she accepted she is not our family, nor has any documents to prove otherwise whatever we HV stated in my complaint.she has accepted she has stayed there inside,& added for a twist that my sister & my deceased mother had asked her to stay there inside ( which she just verbally states,no supporting shown or anyone as witness) The cops write to me saying she is staying there with my deceased mothers permission ( believing her on face value & disbelieving documents submitted) They go to add that criminal trespass didn't occur as my sister permitted her( again whatever the relative told believed on face value) Therefore she is enjoying my property right now Now I found out same relative has her own house nearby & has given her own house on rent,she didn't mention or neither cops asked on this as to why she forcefully occupied without my consent or any agreement, all these years someone else's property when she has her own.. Can I ask honourable courts in light of these facts and statement given by the relative to cops earlier & by what we discovered on her own house existence & it being given on rent & myself staying as a tenant somewhere else The relative knows that there is some misunderstandings between me ,& my sister so playing that story knowing well my sister will not come there recently as she is indisposed towards anything where we HV a jint title But me being 80% owner,majority title holder had raised it with cops,gv all necessary documents & even so relative accepted she in no where legally has any rights to this title, still trespass case not regd by cops as that relative has some relationship working in govt.so manipulation worked My advocate has now to move court to ask court to pass order to cops to fileFIR in this criminal trespass as my prayer is towards documents on record,her statement prove she has no business staying in a distant relative house by means of fraudulent practice, whether someone objects to it or not Because eviction suit will allow her more time,and allow her to continue staying there till it is disposed off may take years and moreover it will acknowledge her as a interested party to the title suit where present situation is where I believe criminal trespass will allow us to evict her Please advice suitably. Please we are huge huge stress on the action that needs to be taken.a pvt complaint towards achieving the goal from court to police for criminal trespass can be done with as a prayer? In this scenario


Learning

 2 Replies

G.L.N. Prasad (Retired employee.)     31 October 2018

Immediately file complaint on line and get FIR No and also personally visit to SP office on any grievance day and file Grievance petition and get such registration number.  Draft the petition as briefly as possible point wise with relevant details and enclose copy of such documents filed before Police and various complaints, responses int he past.

Contact advocate and be prepared to file writ against police for taking up investigation or filing private complaint.

(Please do not suppress facts as to what is the relationship of that lady with your family and your mother)

P. Venu (Advocate)     09 November 2018

Please have a rethink: it could be that the matter a civil dispute. The Police are strict instruction to get involved in such disputes where civil action is the proper remedy.


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