Civil matter turned to criminal one - an urge for your valuable guidance
KRISHNA MOHAN SAHA
(Querist) 27 April 2013
This query is : Resolved
*Respected Sir,
This is Krishna Mohan Saha
My scenario is :-
There was a landlord-tenant dispute because of depriving us from our basic
amenities.
I reported the same in writing to PS, Dy. Commissioner of Police, Human
Rights commission of WB, Women's Commission of WB.
So with a view to nab me my landlord has given me a false case under
IPC-354 under a conspiracy with the local police.
My previous problem is as it was and a new problem came up. Now I'm on bail
and facing trial and my next hearing is on 13th Aug.'2013
Whereas I'm appearing for IAS, WBCS examinations. And my Sister-in-law is
pregnant for 8+ month. We are residing on 2nd floor. So its very difficult
for us to make a repetitive use of washroom at the ground floor.
Landlord is also threatening me that "leave the rented room or I will give
you many other cases where you won't get any bail". Its a long facing
problem for last 1 year, we are not getting any support from anywhere.
Kindly guide me on the following:-
Firstly, my parents are afraid that as there is a deep rapport of our landlord with the local PS personnel so if we challenge his false case of IPC-354 legally mentioning the name of some police personnel specifically then the local police might disturb us by any way.
Secondly, as I still haven't get any job yet and still preparing for IAS & WBCS, my father is a retired one and my elder brother (pvt. car driver) is the only earner in our family, so can we afford the cost for filing declaratory suit & going for quashing the case at High Court in Calcutta?
Sir, could there be any provision for getting free aid on this.
Thirdly, if we come in any settlement with the landlord and if he withdraws the case
to nullify the same then that police record could create any problem in getting govt. jobs or afterwards everything would be cleaned.
Fourthly, can the case be withdrawn before its 2nd date of hearing (1st hearing on 21 Feb.'2013 & 2nd on 13th Aug.'2013)
Fifthly, can the landlord withdraw this case without my consent as he has given this blame with his own sister?
Kindly guide me on the same.
Devajyoti Barman
(Expert) 27 April 2013
There is no short cut way to get rid of this.
The case can be withdrawn o compromise only if the complainant so agrees.
After submission of charge sheet Quashing in the High Court is an option.
Raj Kumar Makkad
(Expert) 28 April 2013
If the landlord is ready to make compromise then it shall be the best option for you and the record of the police in that case shall not be a problem for you in future employment.
The free legal aid can very well be obtained by you if you apply before the same court by moving a simple application in the name of your non-earning hand.
KRISHNA MOHAN SAHA
(Querist) 28 April 2013
Thank you for your valuable guidance!
Then sir, if the landlord is not ready to compromise then may I suit against his false allegation in District/High Court, then will I get any fruitful result?
ajay sethi
(Expert) 28 April 2013
you had raised this query earlier too if i am not mistaken
KRISHNA MOHAN SAHA
(Querist) 03 May 2013
Raj Sir,
As per your suggestion, I had a talk to the landlord and he said that he will withdraw the case (ipc 354, involving his own sister in) on its next date of hearing on 13th Aug.'2013 and on its cost we have to leave our rented room in Dec.'2013 taking just the advance amount for the new room from him only.
Sir in this case money is not a matter for us but the landlord has used an illegal means to evict us which is quite mournful for us.
So, sir now I want justice including penalizing him, charging MAAN HANI case, getting proper damages on account of this false case & also nullifying the same so that the same could not hamper my career any more.
Moreover, may I challenge his false case in dist. court after his withdrawal of the case or before submission of the charge-sheet I have to file suit and what would be his penalty.
Sir, kindly so me the path.
Advocate Ravinder
(Expert) 08 May 2013
Dont worry and don't think too much. Your owner is using his tactics to vacate your family from the premises. You cannot file any cases against him. If you have influential with police, you can defend with him.
My advise is that do not vacate your premises and go on defending the criminal case by hiring a good experienced lawyer. Mere filing a criminal case is not enough. It should be proved. You will come out of the case.
