Civil or Criminal case?
Sumir
(Querist) 10 July 2009
This query is : Resolved
We had taken possession of room (bought) in slum by means of Affidavit. A neighboor has broken the separating wall, theft our belongings, and beaten(mere slaped) our care taker, and taken forceful possession of room. The Senior Police Inspector and Deputy Comm. of police replies it is civil matter? Please comment.(also state the IPC which can be applied)
K.C.Suresh
(Expert) 10 July 2009
Once it is established that you are in possession the act of the neibour is a crimnal offence u/s 323, 380 and 452 of IPC. All offences are grave and Cognizable. The police can arrest the accused without warrent. The Police U/s 154 of the CR.P.C shall register a case as the offences are cognizable. If they are not registering a case then you can file a complaint to the Supdt. of Police U/ 157 Cr.P.C. If that also failed to work then go to Court for invoking S.156(3) Cr.P.C to forward the complaint to the police to register and investigate a case.
In the mean time if still the tresspasser is holding the possession of the room file a civil suit for recovery of possession. If any further doubts pl ask. Thank you for using LCI
Kiran Kumar
(Expert) 10 July 2009
No its not merely a civil matter.
Mr. Suresh is absolutely right....in fact police might ve been bribed.
better taken legal action u/s 156(3) Cr.P.C as suggested by the Ld. Expert.
Saloni Nagoria
(Expert) 10 July 2009
I agree wd what all my frens have said.
PALNITKAR V.V.
(Expert) 11 July 2009
Besides filing complaint, you should also file suit for recovery of possession of the room as well as the stolen goods or compensation in lieu of stolen property. Filing of criminal complaint will not help you in getting possession of the room. You have to file proceeding to get back possession.
