• Cheating, forgery, impersonation, and fraud

1.A private partnership firm owner,who is tenant on my property,has been running an unapproved,unaffiliated & non recognised fire & safety engineering school & issuing certificates for engineering & management degrees & diplomas.
2.It clandestinely also manufactures,refills,repairs & sells fire extinguishers & fire safety equipments,without any license or certification from any authority.
3.It has registration as a private partnrship firm,which is disallowed to run technical institutions as per AICTE,but it has mentioned to the Director Technical Education that it is a trust & taken its recommendation & probably 2 acres of Govt land for expansion
4.It has declared to the IT dept that it is a sole proprietorship to escape a TDS fraud,which it did by not depositing TDS money from rent I received.
5.It has asked its employees to impersonate for me & fraudulently changed the electric connections from domestic to commercial.
6.It has constructed an illegal unapproved house within my property.
7.It has projected itself as a BIS approved institution which is false (by RTI).
8.It has no registration with service tax,commercial tax,has not TAN number.
9.Its running for 18 years & its webpage,which was active till now,has been shut down.It contained all details of its activities-academic,commercial & industrial.
10.The Police is hand in glove for the last 18 years.Its not arresting the accused,even after I filed all these complaints.What they have done is to register a FIR themselves that doesnt cover all these charges & they themselves are trying to falsify the case.
11.Charges have been lodged under sec-467,468,471,420 & 34 IPC.The accused is out destroying evidence,innfluencing students to not speak against him.
12.Complaining to the DCP has not helped as the IIC & ACP have influenced the DCP & CP.
13.The accused is out on interim court order to not get arrested till anticipatory bail hearing in 1st week of May.
14.In the bail application,the accused has falsely claimed that it runs a "basic training course" of matric & under matric students & that the DTE is pleased with its effort.On RTI,the DTE claims that there is no such organisation under its control.
15.I want this person face the law & get out of my property.Taking the above situation into account,please guide step by step,what I should do.
Asked 7 years ago in Criminal Law
Religion: Hindu

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5 Answers

1) file an intervenor application in the court when its AB application is on board for hearing

2) mention how it has impersonated you and falsely changed electricity connection from residential to commercial

3)mention that it has projected itself as BIS approved institution

4) mention that although institut is un approved it is unaffiliated & non recognised fire & safety engineering school & issuing certificates for engineering & management degrees & diplomas.

5) court would reject its anticpatoruy bail application

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1.Fir lodge a complaint with the Fire Department and Police Control alleging running of business involving fire hazards.

2. Then lodge complaint with the local Municipality to shut the business due to non availability of the Trade License or other licenses.

3. Since running this business without the tacit help of these public authorities is not possible the complaint with them may not give proper result.

4.So file a writ petition alleging their inaction and then only you will get the result.

5.SO meet an advocate and file a writ of mandamus.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

If your need is to evict them from your property, then you should take the steps for eviction as per Rent control law.

File complaint before local authority (Municipal/ corporation) to cancel their license.

File a writ petition before high court.

Produce all the proofs against them in their anticipatory bail application

Ajay N S
Advocate, Ernakulam
4079 Answers
111 Consultations

5.0 on 5.0

1. In these circumstances you may file a criminal complaint under Section 200 CrPC to the competent magistrate who can summon and try the accused on his own. Alternatively, a writ petition may also be filed in the High Court to seek appropriate directions.

2. If the accused has been granted bail, and you are the complainant, you may engage your own advocate to oppose his bail application when it comes for final hearing.

3. Consult a lawyer with complete case papers.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You have combined all the subjects together while posting the above question.

For all the criminal activities, you have already raised your concern in the form of complaint

But you have not mentioned what action you have take legally to evict the fraudster tenant from the rented premises.

You have not even stated that whether you have entered into a lease agreement with him and the lease period is expired or not.

There are various authorities to initiate action agaisnt his illegal activities, namely AICTE, DTE Local civic body, income tax authority, Labor commissioner, Inspector of factories, fire safety department etc, with whom you could have made the complaints for all such crimes concerned with their departments, instead of relying only on police department.

Once you know that the police are not cooperating and keeping quite after receiving bribes from him, you could have escalated the matter to the higher police officer or even brought this to the notice of magistrate court in the form of a private complaint under section 200 cr.p.c.

Have you taken advise from any local advocate and followed the suggestions which might have been more effective than your own efforts.

You give a notice to him and file an eviction suit if he is not vacating he premises.

The eviction notice may contain various reasons for which you want him to vacate the premises, and the reasons should concentrate on violations of the conditions of the lease agreement.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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