• For charges of theft

Sir,
 I am alone son of my parent and I am doing job in defence & presently posted in Visakhapatnam.My father died 3 years ago and my mother is living alone at home in Bihar. My cousin brother was claiming my house land without paper and he sold my house land to other person. Since, My cousin brother along with five land purchaser person entered in home forcefully on 31 Jan 19, destroy my cctv camera, TV and ten thousand cash.They threatened my mother and tried to capture my house land forcefully & tried to break my boundary wall of my house. We informed the police and police came at site but they fled away from there. Can file a criminal case against them in Visakhapatnam ? Please suggest me right action.
Asked 10 days ago in Criminal Law from Visakhapatnam, Andhra Pradesh
Religion: Hindu

Sir the criminal case has to be filed before the local jurisdiction where the offence took place it cannot be filed in Visakhapatnam your mother can lodge an FIR in local police station against the wrong doers and police can arrest them and can further prosecute.

Shubham Jhajharia
Advocate, Ahmedabad
11874 Answers
45 Consultations

5.0 on 5.0

File case against your cousin brother and other s for criminal trespass under section 441 of IPC 

Ajay Sethi
Advocate, Mumbai
56959 Answers
3456 Consultations

5.0 on 5.0

Hello,

1) You have to file the criminal case where the crime occurred.If the police has not registered an FIR, your mother must insist for an FIR at the local police station and seek protection against trespass and harm to her.

2) As you are working in Defence, you can seek the help of your superiors to speak to the Commissioner of police in your home town to speak to the concerned station officer to rein in the erring cousin.

S J Mathew
Advocate, Mumbai
2365 Answers
110 Consultations

5.0 on 5.0

1. Hope your mother has the evidence of her lodging polic complaint about the incidence.

 

2. If the police has not registered a FIR against the culprits then file a Writ Petition before the High Court of your native place alleging police inaction praying for an order upon the police to register FIR, investigate and act based on your mother's said complaint.

 

3. Visakhapatnam Court has no jurisdiction on the area where the incidence has taken place.

Krishna Kishore Ganguly
Advocate, Kolkata
21205 Answers
536 Consultations

5.0 on 5.0

You cannot file a criminal case from Vishakapatnam, but you can give a complaint to the district superintendent of police through your commanding officer for taking proper legal action against the culprits and also to give protection to the dependents of serving soldier.

T Kalaiselvan
Advocate, Vellore
46951 Answers
557 Consultations

5.0 on 5.0

1) You can file online complaint and send same complaint number to nearest police station of your village. One should mark email cc to DSP if your area, police commissioner office of your area and nearest police station. Under IPC Act, for threatening, harassing, attempt to Kill, theft etc

Ganesh Kadam
Advocate, Pune
5475 Answers
40 Consultations

4.9 on 5.0

Hello,

no the case can’t be filed at Vishakapatnam. The case can only be filed at the place where the incident took place. If the police is not lodging the case then your mother can file a complaint under section 156(3) of the crpc.

Regards

Anilesh Tewari
Advocate, New Delhi
14193 Answers
191 Consultations

5.0 on 5.0

You can not file case against them in vishakapatnam jurisdiction. 

You can lodge complaint against your cousin and others in your jurisdiction police station u/s 441,503.

 

Mohammed Mujeeb
Advocate, Hyderabad
4635 Answers
3 Consultations

4.5 on 5.0

Yes you can try that with filling a transfer petition in Supreme court same is permissible under law trial.can be conducted in vishakhapattanam 

Shubham Jhajharia
Advocate, Ahmedabad
11874 Answers
45 Consultations

5.0 on 5.0

You may try that by filing a transfer petition before supreme court.

But there's no guarantee that your petition will be entertained.

T Kalaiselvan
Advocate, Vellore
46951 Answers
557 Consultations

5.0 on 5.0

If Supreme court permits you then there is no issue

Prashant Nayak
Advocate, Mumbai
4875 Answers
3 Consultations

4.8 on 5.0

Criminal cases can only be filed in the state where the crime occurred.

If you are mother facing a life threat from someone, she can file a complaint before the jurisdictional police station. If the police will refuse to register the case, then she can file the complaint before the SP. She can also file a complaint before the court.

Mohammed Mujeeb
Advocate, Hyderabad
4635 Answers
3 Consultations

4.5 on 5.0

SC can transfer case from state to another 

 

you are at liberty to make application in SC for transfer of case 

Ajay Sethi
Advocate, Mumbai
56959 Answers
3456 Consultations

5.0 on 5.0

1. Criminal case for house trespass under Section 452 IPC, Section 379 IPC for theft and 506 IPC for criminal intimidation should be filed against him. Since police is not acting against him your mother should file a complaint case under 156(3) Cr.P.C against him in the court of jurisdictional magistrate who will order the registration of FIR against him.

2. Criminal case as mentioned above will not get you your house back. You have to file a suit for declaration of the sale deed executed by your cousin brother as illegal and seek recovery of possession.

Ashish Davessar
Advocate, Jaipur
25198 Answers
706 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been in a situation which is very difficult for you to contest the case there and your mother is alone and along with the hardship of her age.
  2. Sir, you should file a criminal case against them and also state that if they happen to claim any right over the property then they should have gone to the civil court of law, but they can’t take law into their hands.
  3. Once you file the criminal case, then your mother would be given the protection for the time been, and thereafter you can move an application for permanent exemption for your mother being of the old age and threat to her life.
  4. Therefater, your lawyer will take care of the case.
  5. There is no provision of transferring the criminal case from the place of incident to some other state or area, that is the reason I have tried to reduce your problem by suggesting you an idea for permanent exemption.

Sanjay Baniwal
Advocate, South Delhi
3036 Answers
6 Consultations

5.0 on 5.0

 You can file the case at Bihar Court and thereafter file an application before the Supreme Court praying for transferring the case to Visakhapatnam Court  on appropriate ground submitting irrefutable evidence in support ofm your claim.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
21205 Answers
536 Consultations

5.0 on 5.0

You cannot file a criminal case other than the police station where the incident occurred so you have to file your complaint in respective police station only in case you are facing any problem then you can approach to the high court to get the direction in this regard so that the proper production can be provided by the police

Vimlesh Prasad Mishra
Advocate, LUCKNOW
4314 Answers
10 Consultations

4.9 on 5.0

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