Robbery at our rented place by tenant but yet we FIR to be filed
We gave our industrial shed at Bhayandar East, Thane for rent in 11 July 2016 to one tenant with 5 buffing motors installed in the premises the rent fixed and we took deposit of Rs.40k as security deposit. But some how since he came thru one agent not registered we didnt made agreement given for rent. On 20th November 2016 tenant flee away with 5 fixed machine in the premises also with an outstanding eletric bill payable Rs.45K and 2 month rent balance. Our total loss of Rs.1.5 Lacs. When we approached police they said it is civil matter and talk to your agent and didnt filed the complaint. But later we came to know from some one that if we have not made agreement of rental atleast we can file complaint of robbery done at our place. now the question is how we can proceed. at first more than 1 month is over and secondly the place is in the name of my father (expire on Jan 2012) the property is to be transffered to my mom name. Please advice how we can go to police or provide some technical points (format) with which we can complaint.
Asked in Criminal Law from Greater Mumbai, Maharashtra
1. it is a clear case of theft and in n way it can be termed as civil dispute.
2. on the death of your father you along with your mother becomes its co owner and hence you can easily lodge complaint with the police.
3. For lodging the complaint the property records need not be changed to you name.
4.If the Police does not register the FIR you can file case u/s 156(3) crpc before the Magistrate.
5. You can file writ petition agaisnt police inaction as well.
1) on demise of your father your mother you and your siblings are legal heirs
2) your mother has given premises on rent and if tenant has stolen machinery and failed to pay electricity bill police complaint is maintainable against him for theft nad criminal breach of trust
3) if police refuse to register FIR file complaint with magistrate under section 156(3) of crpc to direct police to investigate and submit report
First of all clarify that on whose names the agreement was entered with the tenant?
If there was no agreement then what prevented you from giving a complaint for robbery against the person who fled with your property
If the local police is not entertaining your complaint you may approach the top police officer of the district for intervention and direction to the local police.
Even this attempt fails then you may approach judicial magistrate court with an application under section 156(3) cr.p.c. seeking direction to the concerned police for proper legal action on the subject.