Next steps
Querist :
Anonymous
(Querist) 02 September 2011
This query is : Resolved
A forceful entry was done and posession was taken of my flat in my absence by criminals based on my complain complaint Police Station F.I.Register No. U/s 454,380,427,341,120(B), IPC case was investigated and police arrested the accused on Date 4.8.2011 and after complete investigation chrgsheet forworded to JMFC Vashi on them U/s 454,341,34 of IPC Court Case .
Chargsheet on the above mention accused is done and now the case is court matter.
How long before my flat will be restored , will police do it ? what should be next steps. criminals friends continue to frequent my flat . Pl advise
Raj Kumar Makkad
(Expert) 02 September 2011
You shall have to file a civil suit seeking possession of your flat and shall to seek decree therefrom otherwise it is difficult to get the restoration of possession merely by way of criminal case. Higher police officials can also be requested to get the possession restored pending case but it generally seems difficult to get the mere go without men, money and muscle.
Devajyoti Barman
(Expert) 02 September 2011
Yes, it is not the job of Police to restore the possession of the flat in your favour.
You have to file a civil suit for eviction of trespassers and restoration of possession for which you have however to keep some patience before it finally conclude.
Querist :
Anonymous
(Querist) 02 September 2011
may i seek clarification to get an fir done, i had got a high court order to local police to do investigation and i have a decree and letter of admin from trial court for the same , why do i need to keep going back to court this was forceful possession taken by criminals in connivance with local police
same police have to do their job restore the flat possession, at this rate i have to keep fighting civil cases all my life with no way out? pl advise .
Devajyoti Barman
(Expert) 02 September 2011
We have already advised. Now it is upto you whether to seek necessary legal redress or not.
Law takes its own course in disregard of what the common man thinks about it.
Raj Kumar Makkad
(Expert) 02 September 2011
Mr. Querist! Unfortunately criminal law of India has very limitations and it only goes to the criminal aspects of an incident. The criminals/encroachers are facing trial on that score but matter is restoration of possession. It is a civil matter so you shall have to avail a civil court remedy only for that purpose. You may claim 3 times damages for the entire period such property remains out of your hands.
