Hello Sir,
I am faced with a criminal-cum-legal problem where the police is not
registering FIR against persons.
The factual position is that A Father purchased 66 Kanals of agricultural
land (in Punjab) in the name of his five sons. Father has died many years ago.
Since his death All brothers are cultivating their portions of that land
but not as per Old Girdawari entries.The said land was never partitioned
among the brothers so far. The Khasra Girdawari was never got corrected.
All brothers are shown as equal share holders/Owners in the revenue record/Jamabandi.
SO now the scene is that One brother is cultivating one portion which is in
some other brother's name in Girdawari entries.
Now Brother "A" is cultivating land which is in the name of "B" in Khasra Girdawari.
And Brother "B" is cultivating land which is in the name of "C" in Khasra Girdawari.
And Brother "C" is cultivating land which is in the name of "A" in Khasra Girdawari.
One brother "A" applied for the correction of Khasra Girdawari before the Tehsildar.
Brother "A" has some strained relationship with "B". Befor the date of hearing of the above case, One night "B" comes with his goons and destroys the standing crops of "A" and also destroys his Tubewell which was installed there. "A" was also present there but he ould not prevent "B" from destroying his crops. "B" also gave him threats to kill him.
"A" made a complaint to the Police. "B" appears before the Police and claims that it were his crops and not of "A". Police is not registering FIR against "B".
In my view "A" is in actual possession of land and this fact Police can easily verify from the neighbourers of the land. Also it is not the duty of the Police to work like Courts and to go into depth of documents of ownership and girdawari, etc. There duty is only to investigate as per law. {For Example: If a theft has taken place in somebody's house, Police cannot ask him to first show proof whether it was his house or not. (He could be a tenant....Goddamn it....and this fact can be verified by the police from the neighbourers.)}
So in my view Police should register FIR against "B" u/s 447/427/430/506/34 IPC.
Please help me to take my stand. Can i also move the Court u/s 156(3) Cr. P.C in such situation where Girdawari is not in my client Mr. A's name.
