I have submittedl complaint petition against my tenant who refused vac

658 votes

Yes. First, issue a formal legal notice to the tenant calling upon him to vacate the premises and to immediately refrain from abusing, threatening or intimidating you. Since you are a senior citizen and the tenant has allegedly threatened to kill you, specifically mention the incident, date, time and witnesses/evidence, and reserve your right to initiate criminal proceedings. A threat to cause death can attract Section 351(3) of the Bharatiya Nyaya Sanhita, 2023. � If the tenant continues the threats or fails to vacate, you may pursue appropriate criminal and civil remedies. Since your police complaint has remained unattended for 30 days, you can also escalate the matter to the superior police authorities and thereafter approach the jurisdictional Magistrate for appropriate directions. Do not attempt forcible eviction yourself; follow due process of law.

Advocate Ravindra Anjaneyulu LawRato

829 votes

hi if they are not taking any action on the representation made by you then you could approach writ petition seekung to direction to register the complaint and take action against the said persons in law

Advocate Baddam Aravind Reddy LawRato

899 votes

Yes, both civil and criminal remedies are available. You can approach the jurisdictional Magistrate under Section 175(3) BNSS, 2023 for appropriate police action, as the alleged death threat may amount to criminal intimidation under Section 351 BNS, 2023. On the civil side, you can file an appropriate eviction and recovery of possession suit, along with claims for arrears of rent, mesne profits and, where necessary, a permanent injunction to protect his peaceful possession.

Advocate Mohammed Asif LawRato

596 votes

Namaste Sir, a threat to kill made to stop you from seeking possession is criminal intimidation under Section 351 of the Bharatiya Nyaya Sanhita 2023, which was Section 506 IPC earlier. Where the threat is of causing death, the punishment can extend to seven years. The abuse is separately punishable. Since the SHO has not acted for 30 days, follow this order. Send your complaint again in writing by registered post to the DCP or Superintendent of Police under Section 173 sub section 4 of the BNSS. Keep the postal receipt. If there is still no FIR, file an application before the jurisdictional Magistrate under Section 175 sub section 3 of the BNSS, attaching your original complaint and the postal receipt, seeking a direction to register the FIR and investigate. This step cannot be skipped over the earlier one, as the Magistrate will ask whether you first approached the SP or DCP. You may also file a private complaint before the same Magistrate under Section 223 of the BNSS, where he can record your sworn statement and proceed directly. For immediate safety, do not wait for the FIR. Apply to the Executive Magistrate, that is the RDO or SDM, under Section 126 of the BNSS to bind the tenant over to keep the peace on a bond with sureties. This is quick and preventive. Also register your complaint with the Senior Citizens Cell of your Commissionerate, as elderly complainants are given priority. Please remember that the criminal case will not get you possession. For eviction you must separately approach the Rent Controller if your premises are covered by your State Rent Control Act, or issue a notice terminating the tenancy and file a civil suit for eviction and mesne profits. Do not cut off water or electricity and do not lock him out, as that will make you the accused. To advise you exactly I would need to know the date of the threat, whether anyone witnessed it, your city and State, whether you hold a dated acknowledgment of your complaint, and whether there is a written rent agreement. If the threat was repeated on call or message, preserve the phone and take screenshots, as that evidence is usually what makes the case chargeable.

Advocate Naresh Gaddapati LawRato

705 votes

Send a formal written complaint via registered post with acknowledgment due (RPAD) to the Superintendent of Police (SP) or Commissioner of Police detailing the inaction by the Station House Officer (SHO). If then also no use, then approach Magistrate and can also file eviction suit in rent court.

Advocate Dasari Meher Hemanth LawRato