Criminal trespassing without documents.
Annu
(Querist) 21 July 2014
This query is : Resolved
sir i have got a FIR registered u/s 447,454,380 IPC.during investigation i have given my documents to police to prove that the property belongs to me.the accused has no documents of that property to prove that it belongs to him.but he has trespassed and is in his possession rite now.
1.What police can do now?i mean arrest/eviction etc.kindly suggest the best course.
Advocate. Arunagiri
(Expert) 21 July 2014
You can take action on the accused and also can get your property to your possession, if you have the documentary evidence in your favour.
Annu
(Querist) 21 July 2014
Sir action in what sense?
What will b Police role?
Nadeem Qureshi
(Expert) 21 July 2014
police may arrest him and produce before court & after investigation if police find the sufficient evidence then file charge sheet against him.
Annu
(Querist) 21 July 2014
Since police is lingering the matter can that mean he is being given time to settle the matter amongst ourselves?
Annu
(Querist) 21 July 2014
What does that mean sir?
ajay sethi
(Expert) 21 July 2014
you ought to file a civil suit too for eviction of trespasser
Annu
(Querist) 21 July 2014
Ajay sir just lemme know how this FIR will supplement my civil suit.?
I mean what is the significance of FIR.?
Rajendra K Goyal
(Expert) 21 July 2014
Both cases are separate, for possession civil suit is to be filed.
Annu
(Querist) 21 July 2014
OK sir..I got ur point...
FIR will probably mk that person come for negotiations.? Is it so sir?
Nadeem Qureshi
(Expert) 22 July 2014
Dear Querist
if the court pass a conviction order against the accused then the criminal court have power to take back to your possession.
Gopal Verma Advocate-on-Record
(Expert) 22 July 2014
Immediately lodge an FIR with the police and if the police is reluctant then immediately file a complaint before the Magistrate under the relevant sections.
Biswanath Roy
(Expert) 22 July 2014
Police by their investigation shall try to understand that whether the alleged accused committed any offence u/s.447,454,380 IPC or not and whether the complaint in the F.I.R. related to is true and correct. If they satisfy that the alleged accused committed Cognizable offense police will arrest him and shall produce him before the court along with their investigation report for necessary trial.
T. Kalaiselvan, Advocate
(Expert) 23 July 2014
If the police action is ineffective, you may move court for relief u/s 456 Cr.P.C. through an application u/s 156(3) of Cr.P.C. Consult your lawyer for further action.
