How to prove evidence of the number of people who did illegal acts of trespass etc.
Divya
(Querist) 14 April 2013
This query is : Resolved
Dear Experts
The background of the case is that a leading bank has posted arbitration award to fake addresses and they come to executing court for recovery. They mislead the court about the property ownership and trespass on property which lawfully belongs to a 3rd party.
My big question when all these people had trespassed and indulged in property seizure: Almost 20 police officials were called but all of them deny that they had called in 20 police officials. They have submitted false reports that only 2-3 police had come. They were also accompanied by an advocate but even she denies that she had come.
The matter was taken through letters and notices to police commissioner and even with the bank too.. But there were not much replies and parallel i proceeded with criminal case. Since the original summoning order was incorrect, i proceeded with a sessions revision and it is here that all accused are denying that they have not trespassed & deny other illegal acts.
"I don’t have any proofs with me to show that there 20-25 people including police in my house even though all have illegally trespassed my property and did illegal acts."
A criminal complaint is pending against all but all of them are denying this. This matter I am handling alone.
1. Please provide me concrete suggestions how do I prove that there were 20-25 police officials and other co-people performing illegal acts. I don’t have any video recordings to give my proof. Even the bailiff who accompanied them had made false reports and panchnamas that only 4-5 people had come.
2. Also is there a way, whereby mobile calls are traced to know the locations of people or some other way ?
What evidence I give, will totally change the decision in my favor or even against me.
Thankyou
ajay sethi
(Expert) 14 April 2013
how can you say that bank has posted arbitration award to fake addresses ?
the address wherein notice would be served would be the addresses mentioned by the borrower while taking loan . it would have mentioned the correspondence address .
banks are very concerned about their reputation in the market and would not comit a serious blunder as to misleading the court .
first you prove that addresses are fake and bank has misled the court .
ajay sethi
(Expert) 14 April 2013
ana dvocate is an officer of court . she would not surpress facts from the court that she was not present . similarly if you say 20 officers had come to the site you have to prove the same . the police can find out the location of said officers from the cell phone records as mobile phones have GPS indicators which pinpoint the ir exact location on the relevant date . on directions of coirt service providers will furnish said records
Advocate M.Bhadra
(Expert) 14 April 2013
Lodge complaint to Higher authority of the Police and file a Writ of mandamus in High Court.
Writ of Mandamus can be filed, as per our constitution under Article 32 in the Supreme Court, and under Article 226 in the High Courts of the States.
All the writs known as the constitutional remedies can be filed under Article 32 and Article 226 of the constitution, if there is any violation of fundamental rights guaranteed under Part-III of the constitution.
Writ of Mandamus is one remedial right. Writ of Mandamus literally means "We Command" According to the Writ of Mandamus can filed for the performance of the legal duty for which the person has a legal right.
It is used for public purposes and to compel performance of public duties. Mandamus lies not only against executive authorities, but also against judicial and quasi-judicial authorities.
R.K Nanda
(Expert) 14 April 2013
agree with experts.
Divya
(Querist) 16 April 2013
Hello Sir (Mr. Ajay Sethi)
yes bank has themselves given their own proof that they have sent award to fake addresses which is the biggest point and they mislead the court about ownership of properties..hence they get permission from court to trespass on my parents' property..
This so-called advocate is ruthless and a big law-breaker and hence she is enjoying to mislead all courts...
Hence i am very determined to prove the fraud as people are taking law in their hands by filing false affidavits and statements at each stage.
Knowing through GPS a person's location is a good option and i thank the experts for giving that suggestion.
ajay sethi
(Expert) 16 April 2013
thanks for your appreciation
