On bail but still in illegal possession of my house/land
kulwinder singh
(Querist) 19 July 2012
This query is : Resolved
My cousin was arrested and sent to prison for illegally occupying my property (Sections 404, 447, 448 IPC). He got regular bail from the Sessions Court and illegally entered and possessed my house and land again. The police are hand in glove with him and refuse to take any action despite numerous complaints. I have met senior police officers and politicians but to no avail. The police say that because case is registered already they cannot do anything. Do I have legal recourse? Thank you in advance.
Devajyoti Barman
(Expert) 19 July 2012
They are right.You have to file now civil suit for eviction of trespasser.
The criminal jurisprudence would punish the culprit but may not return the property if not already recovered by now.
kulwinder singh
(Querist) 19 July 2012
Sir are the police not duty bound to register new FIR if my cousin has commited criminal trespass again? If he is commiting crime can his bail not be cancelled?
Adv.R.P.Chugh
(Expert) 20 July 2012
Committing the same offence while on bail is definately a ground for the cancellation of bail. You can apply to the COS u/s 439 of the CrPc.
