property
Bernard Cardoz
(Querist) 16 July 2015
This query is : Resolved
Dear Sir, I would like to have some information.District court has given an order under section 156/3 for 3 accused for property forgery n cheating. An FIR is also registered in the police station. 2 Of the accused are aboard n 1 accuse in Mumbai. One of the accused is enjoying all the benefits of the properties as he as given it on rent and he Is the only person benefited.FIR has been registered almost 2 years, police says an lookout circular is issued on the 2 accused who are aboard.Police has many times informed the opposite party lawyer to produce them in police station but no results. Recently the one accused who is in mumbai is arrested and is behind bars. How you stop the rent which one of the accused is enjoying. Secondly if the parties are not coming in court or police station for settlement as he just wants to pull the case for a long time does not plan to come to India what is next solution. Can you please advise for the best solution n good results.Thanks n Regards.
Khaleel Ahmed Mohammed
(Expert) 16 July 2015
Hi,
You have filed private complaint and the court referred your complaint to concerned police station under section 156/3 crpc . The rent and property matter will come under civil law, you can seek the paid legal advice in your matter through www.mkatruelaw.com
Rajendra K Goyal
(Expert) 16 July 2015
File civil suit against the tenant and beneficiary (accused), prey court to order for deposit of rent in the court till decision.
Bernard Cardoz
(Querist) 16 July 2015
What happens to the other two accused who are aboard n not coming to India what can be done.
Bernard Cardoz
(Querist) 16 July 2015
Secondly civil has been filed also . High court has given an injunction order to one of the accused who is enjoying the rent of the premises that he cannot alienate, transfer sell or create third party right until further orders. Please advice what can be done. Thanks n Regards
Bernard Cardoz
(Querist) 18 July 2015
Please some reply to the above queries
Dr J C Vashista
(Expert) 18 July 2015
@ Bernard Cardoz,
1. What is there in the complaint case where the Magistrate has directed the SHO PS to lodge FIR and investigate? How did he (Magistrate) observed that the complaint should be investigated through police? What is the status report filed by the police qua two accused still absconding and third one (in Mumbai) was not arrested?
2. Since the rent is being enjoyed by one of the three respondents (accused in complaint case)how the case was admitted and injunction granted by the High court? Whether in Original Civil jurisdiction or Extra-Ordinary Writ jurisdiction?
3. What is the opinion and advise of your advocate?
Why did you doubt his ability/ agility and intelligence AND why to cross-examine his strategy & tactics?
Or just posted this query being FREE OF COST?
For further query, guidance and proceeding consult your lawyer.
Bernard Cardoz
(Querist) 19 July 2015
Sir, I did not doubt on the ability of my advocate. It is very long details I need to give u. I just need to know one thing about the accused that an fir is registered in the police station n the two accessed who are abroad are not coming to India what is the procedure or what can be done. Also police have done Loc at the airport on the accused. Please give me a solution what can be done. Thanks n Regards.
Bernard Cardoz
(Querist) 19 July 2015
Sir, I did not doubt on the ability of my advocate. It is very long details I need to give u. I just need to know one thing about the accused that an fir is registered in the police station n the two accessed who are abroad are not coming to India what is the procedure or what can be done. Also police have done Loc at the airport on the accused. Please give me a solution what can be done. Thanks n Regards.
(Expert) 18 July 2015
