Iam a tenant of a shop, landlord tresspassed the shop. When i resisted a false complaint under section 354 was registered against me. My FIR was registered with much difficulty after a month At present shop is having 2 locks, one is mine and another is of landlord Now should I approach police or the court to get my shop open and see my things have been stolen by them or not
You should approach court against forceful and unlawful eviction by the landlord.
And go for quashing of FIR u/s 354 which has been lodged against you.
Procedure after 448 FIR
Police is required to submit it's final report (chargesheet) to the Court.
Sir,
There are certain things which needs to be ascertained.How can 354 be registered in such kind of quareel. Do you have registered rent agreement if period is above 1 year.
Did you call on 100 number as you say your FIR was registered with much difficulty.
Please reply to these questions before we proceed .
1)you have to approach court as police would not intervene
2) police would direct you to obtain court orders for opening shop
Hello,
You must approach the police to get the possession of your land.
An application under 145 of cr.p.c. could have been filed at the time when he was taking the possession, however after molding some facts you may still file the same.
Regards
Sir you need to approach court for getting back the possession of the shop as disputed by landlord further if police is helping you to get same then you can first try with the them but the court order will rule out future possession conflict.
Further file a quashing petition before the high court for 354 IPC FIR against you.
In your FIR police shall file charge sheet then you have to be before court for your statement.
a landlord cannot do so without a court order to possess the property, you should approach nearest police station before you are opening the shop.
Dear Sir,
Get a stay order from High court on the FIR against you. In the meanwhile approach civil court and get possession of the shop. The landlord has to file a suit for eviction and get a decree till then you can continue running your shop.
Section 441 in The Indian Penal Code
441. Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.
Section 448 in The Indian Penal Code
448. Punishment for house-trespass.—Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Yes, you can approach police first than court to open shop and see things are stolen or not.
This is a non cognizable offence and police will take action in this regard it depends on the police enquiry with that they want to arrest made by taking court permission on the basis of the investigation. Basically you have nothing to do in this.
Tenant has to be evicted in accordance with law, he cannot be just thrown out. You can break open the locks installed by the landlord, and if this is resisted by the landlord then a suit for mandatory injunction can be filed by you in the competent civil court to seek police assistance to open the locks and take the possession.
Hello,
If the case has come upto the court then you should file a petition in this regard.
I would also like to suggest you to file an injunction suit.
Hope this helps.
Regards
The police may not be of any help to you in this regard.
You may approach court for relief with an injunction suit against the landlord to not evict you forcibly or other than by due process of law.
Since you are still a tenant, you open the shop and confirm the goods.
