Fir not intimated to complainant, frt done silently
Mr Sreejit
(Querist) 07 January 2018
This query is : Open
1. In Oct 2013, a crime of (a) Illegal Criminal Trespass committed at the House of complainant/Landlady when she was entering her house, (b) Criminal Intimidation (threat to murder) and (c) Wrongful Restraint made to her.
2. She went to local PS and deposited a written complaint and also showed to the Officials including a Lady Officer, the mobile photo/video she took at the time of trespass by the 'men' of the offender. She wanted the PS to arrest the offender as he is an accused in an earlier case with the same complainant and under bail.
3. The bail terms states that he cannot threat or cause any sort of trouble to her.
4. PS harassed the lady complainant even at late hours (from 6:30 pm to 8:30 pm) and ultimately denied to lodge complaint.
5. Aggrieved by this she spoke to ACP of her jurisdiction, who guided her to deposit the same at DCP's office (the ACP is attached to the DCP of this jurisdiction).
6. She ran to the Dc office and deposited the complaint at about 8:50 pm. As the situation is beyond control and threat to her life she discontinued staying in her own house and stayed elsewhere.
7. She visited the DCP's office to enquire of the status of her complaint. As no proper response given, she gave a reminder of the earlier complaint letter and also intimated her new address where she requested to give intimation of FIR or GD details made on her complaint.
8. Meanwhile the offender had taken a different 'awatar' and made a malicious civil suit with fake and fabricated documents, and obtained exparty order of i junction and the land lady is contesting eversince. ( Pathetically, It is still in 'Hearing Injunction Petition stage'..!!). NEVERTHELESS, the local PS had done a lote of hardwork, manipulation, favour in 'installing' such a malicious and vexacious case.
8. She made a complaint of the incident at NHRC portal in 2017 about the Oct 2013 incident. In reply to it the Commissioner of Police replied on 3/1/2018 that the PS booked an FIR two days after the reported date of incident of crime and submitted FRT (FINAL REPORT) the next year. FRT date not mentioned in the report.
9. This fact of CONCEALED FIR AND FRT SHOCKED THE VICTIM.
10. Inspite of intimating the new communication address she was kept in dark about the whole criminal process. Her RIGHT TO JUSTICE, OPPORTUNITY TO PROSECUTE HER CASE was denied.
QUERY:
1. What is the Legal Remedy available right now?
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2. Due to this hidded legal process she was not able to produce her evidenc in court.
What can be done at this point of time for
1. ARREST AND PUNISHMENT OF THE OFFENDER AS HE VIOLATED THE BAIL TERMS ?
2. ACTION ON OFFICIALS FOR NOT TAKING LAWFUL ACTION (BOOKING FIR AND INVESTIGATION UPON IT AT THE TIME COMPLAINT LETTER WAS TENDERED)
3. CAN REFERRING THE CASE OF (Crl.) 68 of 2008 in Lalit Kumar V. Govt. of U. P. BE OF ADVANTAGE?
2. TRUE, FAIR AND QUICK RE-INVESTIGATION ( actually no previous investigation happened at all.)
3. QUASHING THE CIVIL SUIT WHICH IS LYING ON THE FALSE AFFIDAVIT AND SUBMISSIONS FOR WHICH CRIMINAL CASE IS THE BASE?
PLEASE NOTE : This is a real case, not academic or fictitious, I request the eminent Experts and Legal Fraternity members to kindly spare some time and give a suitable solution so that justice be given to a victim lady. The Land Lady is the Legal Owner and Letter of Admiistration Holder, which is issued by the Chief of the District Court , under one of who's bench the malicious civil suit is STILL RUNNING.
Vijay Raj Mahajan
(Expert) 07 January 2018
Has the person engaged some advocate for legal representation in the various courts and before other authorities?
If yes, what is his opinion in this regard as he's being paid for the legal services and he's handling her cases in the courts etc.
Experts here will give opinion which you will take with pinch of salt because it's coming free of cost.
All those points mentioned may be carried out but the court proceedings will go ahead for many more years before any result is out. Bail will not be cancelled after so many years of incidence of 2013 unless any fresh incidence is reported to get it cancelled.
As far complaint against police officials is concerned that too will ultimately result into no prosecution against them as what all they did will be explained as routine job although they got good bribe for doing all this.
Civil suit will not be dismissed just like this as the complete process takes number of years after which decision of case is out and don't forget, the appeals which follow for many years.
J K Agrawal
(Expert) 07 January 2018
1 So many remedies available, File suit under section 6 of Specific Relief Act.
2 File protest petition.
2.1 File application to cancel bail in which bail was granted.
2.2 Complaint to senior police officer, Try to get re open the investigation.
3 Not gone through the citation.
3.2 question not clear
3.3 Civil Suits not quashed, These are to be contested.
It may please be noted that succession certificate holder may be or may not be owner of said property.
The Succession Certificate is not a document of ownership of property.
The position of Succession Certificate holder is as Trustee of the True owners of the property.
The true owner is always free to claim his rights from the succession certificate holder.
Mr Sreejit
(Querist) 07 January 2018
To, Shri Vijay Raj Mahajan Sir,
Does your reply mean that there is no rescue against perpetrators who take law for a task to score personal issues through Honourable Courts?
Is it a place / forum for this? Can offenders make out their way with crime, bend law and cross-over to clean-chit persons and 'Title Owners' of a property?
If a civil suit is set into motion based on certain premises, normally given upon affidavit (set of facts of beliefs, may be alleged) and in due course if it is revealed at any point of time that those were obtained fraudulent means, can't this be treated as a 'fraud on court' and stall the civil suit too?
She has evidence that such and such person trespassed her building. At least, I expect a Ld. Court to apply natural justice by observing simple flow of events & apply common sense and direction be given to criminal court to make proper investigation of the criminal allegation of the document and facts submitted along with the plaint of the civil suit and vacation of orders passed in the civil suit, if not civil suit is dismissed.
Please let m know if there is a CRIMINAL part in CIVIL SUIT, does the civil court have sufficient mandate to pass orders on the criminal part too ? If no, upon such circumstances what is the remedy ? Can both civil and criminal allegations be clubbed and proceed ?
Moreover the owner of the property is Foster Daughter of the deceased person (bachelor, and only issue to his father) . To protect her interest that Foster Father made a will bequeathing his property to her, and the same was duly probated and ownership is also recorded in Municipal Records (mutated in her name).
What else than the LOA from CJ of District Court and/or Corporation Mutation in the cpacity of Owner can be a better title to prove ownership against a fake claim ? Does not the LOA have any legal sanctity? If the plaintiff, upon knowing this, pray leave and raise a case at the Probate Court, I would have welcomed it.
The plaint of the plaintiff reads, "...owner demised. And now we became owner of the property on demise of the erstwhile owner". No death certificate submitted along with plaint. No succession certificate obtained by plaintiff even after 18 years of demise. Does these wordings and sentences give raise to claim ownership, nevertheless these wordings are submitted upon Affidavit. This amounts to false affidavit and fake claim upon greed to grab the property.
Moreover the lady came to know the 'secret' FIR and FRT at one stroke just few days before. It is not her fault.
The numbers of cases in Indian Courts, long long dates, the prestigiously BOASTED PENDENCY are all the byproducts of misusing the sanctity of courts.
Affidavit is the pillar what Law presupposes to be TRUTH and many unscrupulous people misuse this 'UNSUSPECTING' pre-supposition of a court and do away with their malicious motives and pathetically, win too.
Does not these activities insult and treat mean of a Court, Which is temple of Justice.
Sorry for taking much time with my above long paragraphs.
Please bear and give a positive reply.
Yes, with much financial strain on her family she has hired an advocate, but not with the best of ethics in him.
This is the reason that i am seeking a shorter solution here in this forum towards effective remedy and justice.
Please reply.
Thanks.
Mr Sreejit
(Querist) 07 January 2018
To,
Shri J K Agarwal Ji,
1. The lady is not dispossessed, as the civil suit is yet at its preliminary stage, so SRA can't be applied.
2. Please educate me about protest petition and how can she go about.
2.2 Yes she has made a complaint to the Commissioner.
3. Please tell me the section under which Bail cancellation can be made. ( I am a NGO person and lot of Law background)
4. 3.3 Civil suit has to be contested. Sir, Please tell me the Order/Rule number through which she can bring the Judge's attention to this fraudulent activity of the plaintiff and seek remedy/relief.
Thanks for sharing your time and wisdom.
