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We have been charged under section 380 and 406 ipc


25-Oct-2023 (In Property Law)
The matter is we give one shop owned by us on rent. My father made an agreement with the tenant 3 years back which says tenant gave him 1lakh rupees advance to my father. The agreement was for 11 month and expired in 2019 . No agreement was made after that. Then my father expired in 2021. We asked the tenant to evacuate the shop as we need it for our purpose now. He asked us yo pay the 1lakh rupees according to the agreement 2018 . But since my father had told us that he had adjusted the advance in the rent itself after the expiry of the agreement that means the tenant did not gave him rent as my father had advance with him. But now after his death tenant is asking for that money, which we denied and threw his things outside the shop as he was not giving the rent and had also put a lock on the shop. As we were throwing the things out he called the police and they charged us with 380ipc and 406 ipc, though what ever happened police was there. So is it theft? Can police arrest us?
Answers (2)

Answer #1
643 votes
Hi

You need to file bail application that is anticipatory bail


Accordingly, it will be taken care. You are the owner but to vacate, you need to follow rule of law.

Whatever you did was legally wrong. However its your legal right to ask the tenant to vacate.

For more, you may contact me

Regards
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Answer #2
962 votes
Hello

There is a law of anticipatory bail if you have not committed wrong and if they filed FIR against you then also you can get anticipatory bail so that there can be no poor consequences from side of police or no arrest can be done anticipatory bail are only taken when we have presumption that arrest can be done .


and what to say about the police if the police get money from that side then they can do whatever they wish because the primary action or investigation can be taken by them only and any false or any Fault is found on their part then only we can take action but till that time you can suffer so it is better that you should go for anticipatory bail so that no ill consequences can be done against you
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