False case under section 307andand 369 ipc
Niranjan Singh
(Querist) 22 March 2013
This query is : Resolved
sir,
i am fighting a case against my relative regarding a piece of land since last 11 years, and finally the court has reached to a conclusion that the land belongs to me, and since the party had forcibly made illegal construction,after so many warnings from the court to stop construction(Contempt of Court).the court had awarded 3 months jail to them.
Now the party had made a false FIR against me in local police under section 307,and 369 IPC and an Arrest warrant had been issued against me. What can I do Now????
Devajyoti Barman
(Expert) 23 March 2013
First take bail preferably anticipatory bail.
Then go for quashing. Your civil case would help the court to reach to the right conclusion.
Raj Kumar Makkad
(Expert) 23 March 2013
Apart from dealing with the criminal case ad advised, you shall have to file an application before the civil court to get the execution of its order and demolish the illegal construction raised by your relative over the disputed site which ultimately has been declared owned by you.
M V Gupta
(Expert) 26 March 2013
Act immediately as suggested by Mr. Burman in order to protect yourself against the false case. If the construction is illegal, i.e., built without approval of the local authority, report the matter to them for necessary action. Alternatively, as the land is now declared by the court to belong to you, the construction also belongs to u. Discuss with the town planning Department whether it can be regularized and retained by you.
