Will i get my possesion back from criminal court
rk
(Querist) 07 July 2014
This query is : Resolved
my case is being fought in criminal court
due to forceful break and trespass by criminals who have muscle power occupy the same
This now state case, as police has filed charges on my behalf post a high court order on them to investigate the break in.
simple question is if trespassing is establish does the criminal court have jurisdiction to vacate the tresspasser and restore my possesion also can i pray for the same in this court as i am complainant and witness as summoned by court for police that has filed charges against culprits ?
Nitish Banka
(Expert) 07 July 2014
No. Criminal court cannot order restoration of possession
V R SHROFF
(Expert) 07 July 2014
Criminal courts are there to punish criminals.. imprisonment + money compensation at the most..
rk
(Querist) 07 July 2014
many thanks, what is max. punishment and compensation possible incase of tresspass
and forcefull take over of property if i may ask , can a complainant pray on the same ?
Advocate. Arunagiri
(Expert) 07 July 2014
cr.p.c. 456. Power to restore possession of immovable property.
(1) When a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such force or show of force or
intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property:
Rajendra K Goyal
(Expert) 07 July 2014
Agree with the expert Advocate. Arunagiri sir.
Raj Kumar Makkad
(Expert) 07 July 2014
I have also the similar opinion as of other experts.
rk
(Querist) 08 July 2014
sirs, As per crpc 456 its possible this confict of opinion in here with Mr Shroff ? what is max punishment for act and financial compensation since property continues to be criminal posession ?
Devajyoti Barman
(Expert) 08 July 2014
section 456 appears to be applicable in your case. In any case file a civil suit for recovery of possession as well.
Raj Kumar Makkad
(Expert) 08 July 2014
You are required to file both cases simultaneously.
T. Kalaiselvan, Advocate
(Expert) 09 July 2014
Even in my opinion, a petition u/s 456 Cr.P.C. for re-possession under the given situation, will be a better legal option.
Nitish Banka
(Expert) 09 July 2014
For the applicability of S. 456 CrPC the ingredients of section 349 and 350 of IPC needs to be satisfied, which are force and criminal force. Trespass alone would not invoke s.456.
rk
(Querist) 09 July 2014
possesion of my house is taken when i was not present in the house , my belongings were removed, door were broken etc
can this section be applied
N.K.Assumi
(Expert) 09 July 2014
Under Sections 451 or 456 CrPc, criminal court does not consider the issue of title, except to restore custody of the property, this position is even the same with Section 145 CrPc. File Civil suit as advised by Devajyoti Barman.
Raj Kumar Makkad
(Expert) 09 July 2014
A clear criminal offence has been made by your opponents so first of all, approach the local police.
rk
(Querist) 09 July 2014
police has not cooperated in first instance hence i have a case in lower court, thanks to high court who has asked them to investigate and file charges in resp court jurisdiction its a state case now
further cani pray as a complainant ?
Raj Kumar Makkad
(Expert) 10 July 2014
If high court has already directed, there is no need to file complaint now. Police shall perform its action in the given facts.
Nitish Banka
(Expert) 10 July 2014
Agreed with Makkad Ji.. Let first see the charges..then only can comment about s. 456
rk
(Querist) 11 July 2014
u/s. 454,380,427,341,120(b) of IPC are charges, pl advise ?
Nadeem Qureshi
(Expert) 11 July 2014
Dear Querist
its depend on the FIR, it police filed a chatgesheet against the accused u/s 349/350 along with section 441/442 of IPC and the court convicted the accused under these sections then the complainant may get benefit of the section 456 of Cr.P.C. otherwise not.
Feel Free to Call
rk
(Querist) 11 July 2014
as you notice clearly FIR does not contain these ipc how can complainant in the state fought case, manage to get this across to hon court ? point is to get possesion back from culptrits in state criminal case.
can i speak or make a plain paper application to court ?
Nitish Banka
(Expert) 11 July 2014
The court may modify the charge on application, if not then you only have remedy of civil court.
rk
(Querist) 12 July 2014
how do i pray for this to be added in state case ?
Nitish Banka
(Expert) 12 July 2014
file application under section 216CrPC, consult your lawyer...
Raj Kumar Makkad
(Expert) 14 July 2014
You can argue at the time of framing the charges and later on when the specific allegations are leveled by either of the witnesses then also an application can be moved to modify the allegations.
rk
(Querist) 15 July 2014
i am being represented by state lawyer
i need my relief voiced /prayed in court ?
this was in fir
u/s. 454,380,427,341,120(b) of IPC are charges
but now i find in witness summon to me
it is reduced 454,380,427
point is when,what stage can a common man like me voice his relief in state case
none of these ipc charges seem to reflect ?
pl advise
Raj Kumar Makkad
(Expert) 15 July 2014
Engage a private lawyer who shall plead before court on your behalf and shall assist the APP.
