My grandfathers ancestoral car shed which is in the end of my private lane after my house, was under my possesion locked (10*12 feet covered, closed car shed). whilst there is no legal document for this shed- after my grandfather, it was uncle who used and after my uncles demise from 2015 i have the possesion. The person residing next door to my house's frontage to an extent is blocked by this corner card shed. The shed is a 50 year old property and to prove that, a 1958 partition deed's land map has a marking of the car shed.In the year 2000, the person next door had filed a case against this car shed blocking and a judgement was passed clearly that he should not be interfearing near the car shed and similarly the person using the car shed should not be disturbing his property. During my posession of this car shed for almost a year, one night in Jan 2016, when my mother was alone in the night, the next door person (aged 75+) arranged for few goons and came with a bulldozer and demolished the same in a matter of few minutes at 11:30 PM in the night.Then an FIR was filed (to take action specifically for bringing goon's, threatening and demolishing the property in the night time of 11:30 PM on Jan 2016 basis CCTV images. Last month we recieved a letter from police saying the FIR is being sent now to the court stating c)mistake of the fact of law". we recieved a lettter from court last week again asking to appear to local court if we are disputing the FIR since it has been recorded as not true. We appeared in the court today in Chennai and stated that the facts in FIR are correct - Magistrate has pushed the hearing for next month. a) The next door person who is a senior citizen under whom the FIR is filed is influential and is trying to break the case- whilst this car shed may be civil, my FIR is specifically for threatening a women with goons in the night (with CCTV images showing the goons, bulldozer, date and time in night vision) and my mom on the phone trying to call police - What are the chances of this case where this person can be accused being a senior citizen? b) generally when the FIR is aging >1.5 years as of now , the FIR finally has finally been presented to the court today, considering we have told the magistrate that our FIR is fact , magistrate has pushed the case to next month, generally what are the next proceedings in such case? c) Can the police influence saying we have given all made up evidences / no proof or witness, is there a threat for us that where they can then turn it up on to us and say we have been wasting everyones time and take action against us? (We know we have been true and none of this is made up
1. This is a good case wherein the police mist swing into action. If not then meet the higher officials .
2.By this time the charge sheet must have been submitted.
3. Electronic evidence is good piece of evidence on which basis case can proceed.
4. If you're not satisfied with the investigation of this case then you can file writ petition in high court agaisnt police inaction.
1. After meeting the DC and putting preassure FIR was filed. After the DC was transferred last month, they have moved it to the court thinking we may not pursue further 2. I only have the FIR copy, no one s told us about the chargesheet, lawyer mentioned that he will check what police has filed and let us know, the next hearing is next month What usually happens in this case after this first hearing?
Now the trial will commence wherein you will have to prove the case through the PP.
1) CCTV footage would help you in proving that your neighbour threatened your mother and sent goons for breaking the car shed at night
2) magistrate can direct police to carry out further investigations on basis of your CCTV footage
3)your mother testimony , CCTV footage would show that goons had entered your property and demolished shed . it is not a fabricated case
contact a local lawyer . obtain copy of police closure report filed by police in court
you should seek further investigations by filing protest petition if police has filed closure report
The police is trying to nullify the complaint by recommending to the court to drop the case by referring the FIR as 'mistake of fact' on the influence of that aged person or by receiving bribe from opposite party.
You can inform the court that the police is trying to close the case on the basis of false information and false investigation report.
You can contest the police report and may ask for re-investigation by another police officer.
1. After meeting the DC and putting preassure FIR was filed. After the DC was transferred last month, they have moved it to the court thinking we may not pursue further
2. I only have the FIR copy, no one s told us about the chargesheet, lawyer mentioned that he will check what police has filed and let us know, the next hearing is next month
What usually happens in this case after this first hearing?
You may go by your lawyer's advice.
The police will try to cheat you saying that they found nothing truth in the complaint or FIR.
In the next date of hearing you appear in person before the court and express the complete fact and request for re-investigation by another police officer.
You may also state that the video evidences as captured in the CCTV/ surveillance camera would reveal the crime.
1. Being a senior citizen does not give any privileges to the person. If he has committed the offence he is liable to be tried and punished in accordance with law.
2. If police is not doing its duty in a fair and responsible manner then you may file a private criminal complaint case under 200 CrPC wherein the court can summon and try the accused after recording the preliminary evidence of the complainant and his witnesses.
