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How to proceed with a trespass case at locked house
12-Apr-2023 (In Civil Law)
1) Is illegal entry on someones property is a cognizable offence & if yes, then FIR is it mandatory. If police refuse to lodge FIR then what action can be taken to lodge the same...?? (Case background - Currently staying at Mumbai & invested in a house at ahemdabad & kept it closed. Without our knowledge or consent the trustee their broke our lock of the house & locked our house with theirs lock which we got to know now on our visit there. According to the meeting with the trustee team they want to verify our documents as the trustee is changed now & due to which they have done this.) 2) The electricity at the house was also stolen by the building people for the building passage usage again without our knowledge & consent, what action can be taken...?? 3) Is our case strong enough to take a legal action ahead, if yes, then what can that be..?? (already submitted a written complaint as police refused to make an FIR).
Above situation you go to the police commissioner as a same complain you have file in the police station. also file criminal complaint before the magistrate court again accused and involving parties. after criminal proceeding if the accused dose not leave the property and handed over to you, you should file civil suit in the court.
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Adv. Jaykumar Varma
Vadodara | 25+ Answers
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In property matter police dont have jurisdiction but for theft you can file police complaint if police deny to file F.I.R. send your application for police complaint to the same police station via R.P.A.D. and send c.c . to police commisioner and District collector. You can file civil suit for tresspass in your property.
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Adv. Ashwini Ramrao Deshmukh
Vadodara | 200+ Answers
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Yes, definitely, your case is more then enough to take appropriate remedy under the criminal law. For the said purpose you can file criminal complain under Section 441, 425 and 378, etc. If after filing of the complain if the police is ignoring to registered complain you can file writ petition under the constitution of India in the Hon'ble Gujarat High Court so that court can direct police authority to registered a FIR.
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Adv. Himanshu Suthar
Ahmedabad | 25+ Answers
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