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Pankaj kumar (Studying)     27 February 2021

NEED ADVICE CIVIL CASE PROPERTY MATTER

Sir in a family property dispute my my aunty loged a complaint of trespassing in her property and stopping from working in her property(agriculture land) and she also claimed that I fought with her and tried to slap her etc.she sent copies of her complaint to wonen commission ,dm of district,sp of district.
Only sp ordered local police station to investigate the matter and the investigation final reports says she made false claim against me.
Police took statement from me during investigation and also asked me to sign it (please do tell me that signing of statements is required in law or not) and finally I was given cleanchit by police so my question is
1} the statement taken by police have some wrong facts ,I asked them to rectify but they refused and said nothing would happen ,we will have to write from the starting etc etc .finally they took my signatures on it even though I was resisting .
What is weightage /legalities/acceptance of this statement taken by police in civil court since that property is still in dispute between me and my aunt . if my aunt approaches it with that statement as evidence (in short I want to know evidence value of that statement in property case)


Learning

 3 Replies

P. Venu (Advocate)     27 February 2021

The facts posted do not suggest any civil case. Whatever posted is in respect of the criminal complaint made by your aunt.

Please post material facts bringing out the issues, if any.

SHIRISH PAWAR, 7738990900 (Advocate)     27 February 2021

Hello,

Yes, your's is a civil dispute. Initiate legal action against her and disprove her claim. You were already given "cleanchit" as per your query so in the future you have to do everything legally otherwise you will be in trouble for sure. 

Dr J C Vashista (Advocate)     28 February 2021

Police has recorded your statement under section 161 CrPC which should not be signed, however, even if signed do not make any difference as it has no evidentary value.


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