Wrongful complaint and prayer u/s 156 (3) cr.p.c.
Shiv
(Querist) 28 March 2014
This query is : Resolved
Dear Expert sir,
I m submitting this urgent issue for your expert opinion.
I have been put in possession of property since last 7 years by the owner husband (please not that there is no document/contract made and act done in good faith). He was working in other city and used to come and stay in the property as he used to get free time. We were almost like a family members and he being senior. He also have his personal belongings in the property like car, TV, Laptop, some documents etc. There was a dispute of ownership of property between owner husband and his wife and the matter is in court. Both are leaving separately since 2000. There are other litigations among them pending in court.
Now suddenly in other city owner husband died because of heart attack just 9 months back. Since after his death his residence in other city has to be evacuated I brought his belongings to his place where I live after giving undertaking to the organization in which he used to work & stay.
My possession was peaceful till owner husband died 9 months back. Now the wife of deceased husband has filed a private criminal complaint against me under section 379, 384, 403, 404, 406, 418, 441 of IPC and prayed for investigation under section 156 (3) of Cr.P.C. The Magistrate has rejected their prayer for investigation under section 156 (3) and put the matter for next date for verification. Immediately the wife has filed Criminal Revision Application. And matter is for argument. Next date is 02/04/2014.
In above mention facts and circumstances I seek your advise for the options of defense I have.
(1) Should I declare the belongings of owner in my possession to authority like police or any other in advance in view that the investigation will take place.
(2) Can I appear in Criminal Revision Application and defend my side.
I believe this is very hard time and mental harassment for me. Will appreciate and be grateful for any suggestion/ opinion.
ajay sethi
(Expert) 28 March 2014
as and when your statement is recorded disclose complete facts of case . express your willigness to hand over personal possessions of decleased too his wife . contact a local lawyer
