Regarding tresspass
sriram
(Querist) 03 October 2018
This query is : Open
I am having inherited property from my father.He passed away,in the year 2009.My paternal relatives occupied my inherited property illegally in the year 2016.Previously,in that place a old tiled house is there.In the year 1977 my father mortgaged and deposited the title of the property in S.B.I.But,it remains presently in the bank as Non Performing Asset .Now,the house was tumbled down by the tress passers.Now,it is a vacant land.Recently I lodged a police complaint to the S.I and submitted a copy to S.P. as the land was trespassed by my paternal relatives and they also destructed the boundary wall and they are also threatening us not to come for land,if you come repeatedly for the property,then they will see my end.The same is complained to the police.The police has registered FIR and registered the case U/S 341,427,506 r/w 34 IPC.The accused were arrested and later they released on station-Bail.But,the police has not handover the physical possession of the property to me.Kindly,guide regards the further proceedings.If I file in the court under cr.proceedings to the court as the police is not handover the property to me and not registered the case under section 447.
P. Venu
(Expert) 03 October 2018
Please post simple facts clearly bringing out the material facts.
M V Gupta
(Expert) 11 October 2018
Having registered FIR, it is the duty of the Police to investigate the case and file charge sheet in the Magistrate Court. First approach the police to expedite the investigation and file the charge sheet. if there is no response you may take
As the police are not investigating the case, you may file a private complaint. or submit an application to the SI to expedite the investigation and file charge sheet. If they do not act, you may have to file a private complaint in the Magistrate's court.
