FIR

Approach the concerned police to file chargesheet against the accused, in failure file direction petition before the Highcourt u/s.482 Cr.P.C. for direction directing the police to file chargesheet

you have to file a case of eviction on the basis of FIR for interim relief. Police can register only FIR but to make the eviction order is of the court.

adv.kamal.grover@gmail.com

I think that  Mr. Botbora  is right. You have to file  suit  on the bases of f I R . Pl.  also see the section  145 Of Cr.p.c .

Sorry I forgot to mention that the FIR has been filed against unknown person who has occupied illegally.  Could you pls. clarify me the procedure further?

file a progress report application regarding the investigation before the court.

After filing the FIR through the Court Order, how much time the investigation can be taken by the police to give final report? After three long years of Police Investigation nothing has come off and inyhat situation what one is supposed to do?

Dear Mr. Jagadeesh,

The first step is to file the complaint and get the FIR registered which you have already done. Since the FIR is registered against unknown persons it is the duty of the police to investigate and trace out the illegal occupier and file the charge sheet. If the police is dragging their feet, you can move the High Court by way of apetition U/s.482 Cr.PC seeking direction to the police to complete the investigation and file the charge sheet. This will not take much time (maybe 2 to 3 weeks to get the order)

During the course of investigation you will get the details of the illegal occupant and then file a suit before a competent civil court for declaration of your title to the property and for recovery of possession. If you are lucky, the illegal occupant may agree to hand over possession fearing criminal prosecution on the direction of the High Court.

Thanks,

Ramakrishnan, ADV