You can check if any FIR is filed then you need to secure Anticipatory bail from court. After ABA you can attend the police station
Criminal anti land grabbing summon
Broker negotiated property in Sep 2012 as part of condition that I should not deal directly with seller as they already concluded the deal at low price . I agreed And sale deed registered. Payment was settled by broker directly the full amount keeping their share with them . My transfer of property was stopped by the seller by notice to Tasildar informing that Some other person executed sale deed and not to issue Chitta and make changes to revenue land record . Tasildar issued summon to all related parties for inquiry, I was available to all to all inquiry, but seller did not attend the inquiry , only seller's advocate on 1st summon attended Tasildar inquiry but Tasildar clearly informed that change of person is matter of physical verification hence parties have to come in person . The seller the complainter did not attend 8 summons so Tasildar dismissed the notice and my property was transferred in my name . I was worried as I felt some thing and somewhere wrong has taken place. I asked the broker and with their reply confused. To clear issue I approached police station but they refused to entertain informing me that it's a civil matter . Hence I approached court and filed case for permanent injunction against the seller and court through exparte order issued permanent injunction . I sold my complete property after court injunction in 2014 The seller after 6 and half year has given complaint at ANTI LAND GRABING CELL. The police has sent summon . Kindly some one guide me as what should I do .
Asked 5 years ago in Criminal Law
Religion: Hindu
16 Answers
As per the facts you've provided the following conclusions can be be made:
1. That you have purchased the property in question in good faith and reasonably at the lowest price offered to you without any deception.
2. That you've approached the police as well as the courts due to genuine grievances caused to you by themalpractices of the broker and first seller of the land. Thus your hands are clean while approaching the court.
The further steps that you can take:
1. Approach the concerned sessions court or high court and apply for anticipatory bail.
2. Approach the High Court under its writ jurisdiction read with Section 482 of jurisdiction Cr. P.C. to quash the FIR alongwith an interim application to not take any coercive action of against you.
See you need to appear before the police along with the order of the court , tehsildar and certified copy of sale deed and can record the statement that the complaint is false and only to harass you.
It is false and bogus complaint
2) you were absolute owner of property as registered sale deed was executed in your name by seller
3) in addition he did not appear before Tehsildar and hence mutation of property done in your name
4) permanent injunction was granted in your favour
5) in you statement to police rely upon aforesaid orders passed by Tehsildar and civil court
Hello,
please share the documenta for advise. If summons have been issued then you will have to appear and if the case is strong then you may approach the HC for getting the same quashed.
concrete advise can be rendered after perusing the documents.
regards
1. "IF" Tahsildar dismissed notice and property was transferred in your name AND "IF" Court has granted "permanent injunction", THEN the sellers complaint at ANTI LAND GRABING CELL, is legally null & void and no prosecution can lie for the same.
2. HOWEVER, you have to do your homework and accumulate all the original documents, court orders etc.... for evidence, if at all the matter is pursued.
Show them court order, None authority has dare to over sight court order,will be contempt.
Or approach HC to quash summon. Complaint not maintainable.
approach before the police along with court order and other relevant documents.
you have to contest the case.
you may file a petition for quashing of the FIR filed by the police in the pending case. thereafter if the case is in your favour you may also initiate a suit for defamation and claim damages/compensation from the complainant.
Since you have done everything as per law, i.e., buying the proeprty by a registered sale deed, getting the proeprty mutated properly as per law, selling the proeprty after getting an order of injunction against the seller to not to interfere in your possession and enjoyment of the property, you better secure the documentary evidences supporting your acts and the transactions and attend the enquiry before the police, produce them the documentary evidences and get the complaint dismissed.
No need to worry about the summons by police.
Provide police the certified copies of Order of tehsildar.
And permanent Injunction order of court.
You have sold the land after completion of all the procedures and land was transferred to you after the inquiry done by tehsildar.
Hire a local advocate take him with you to police station he will explain the whole case to police the case is going to be dismissed at stage of investigation itself.
- As per the information mentioned in the present query, makes it clear that the seller is acting arbitrarily.
- There has been a case before Tehsildar which passed in your favour as he was not interested to contest the same.
- Thereafter, you also hit the court order for injunction in your favour as ex parte and he had the sufficient time to challenge the same within the period of 90 days from the date of passing of order.
- Now, he can’t even go to civil court of law to set aside the order.
- And you should contest the criminal case which he has filed against you as there is no question of any offence committed by you.
- In fact, can also file a suit for compensation for metal harassment against him for filing false cases against you.
Hearty Thanks to all advocates for kind replies . To summon I visited twice but the inspector was absent, so I sent reply by registered post . My reply was with facts as stated above attached with Tasildar and court orders . Requested to dismiss the complaint as the complaint is barred by period of limitation , (2nd complaint given after 6 and half years by seller , 1st one to Tasildar on 21/02/2013) and civil matter . Further they called over phone to appear twice and I was asked to brief as about how I purchased the property . I was asked by the inspector that I must confess the fabrications of documents and give in writing accepting to cancel the deed and surrender the land and ask subsequent buyers to do so . They asked me give in writing but I refused and informed in a letter writing my appearance and requested to take note of my letter with Tasildar and court order as final and requests that inspector may call if any other clarification on some other date . I also informed the police that the sellers whom the police called on same day was identified by me and informed that that they are once who trying to grab the sold land again . All these a pre plan. The police is rude as the seller is influencing Now I request for guidance as what steps I must take to stop haressment and put an end to this complaint . 1. How would I know if they will proceed with FIR or FIR is filed . 2. What steps should I take now . 3. What remedy available in this situation. The land is in daughter's name and I am power holder . They asked the daughter to appear but I informed that my daughter turned 19 and family said it will be auspicious to buy in her name and that would give good luck . She do not know anything about this matter . Now she is recently married and may affect relationship . The seller is disturbing my possession, I have placed complaint with police station with injunction order but silent . Kindly reply what is appropriate.
Asked 5 years ago
You need to keep track of they file FIR id they file you need to take ABA.
Now refuse them for any corporation, provide them copy of court order that title vest in him and any interference by polcie will be contempt of court order.
File contempt in Court.
1) complain to commissioner of police against conduct of local police inspector forcing you to give in writing that you have fabricated the documents
2) if FIR is filed apply for and obtain Anticipatory bail from sessions court
3) contact a local lawyer
1. See in case FIR is filed police shall intimate.you same , shall provide you with copy of the FIR.
2. You should seek an anticipatory bail, approach SP if the district and inform him.the complete details.
3. See if daughter is owner clarification should be from her.
1. In the given situation you may file a petition under section 482 cr.p.c. before high court seeking direction to the concerned police to not to harass you, besides giving a complaint to the human rights commission about the inhuman activities of the police against you in a civil matter by taking bribe from the complainants.
Additionally you may also obtain an order of injunction against the sellers who are trying use force on you as well as against the police for interfering in your possession and enjoyment of the property since it is a civil matter and they do not have jurisdictions to entertain any complaint in this regard.