Issues with relatives and recent FIR case

Question

Issues with relatives and recent FIR case

We have a land and other property issue going on with my relatives in the village. Two days before, my relatives (four people) ploughed our registered land (no legal issues on this land, the title is clear and we have been on continous possession) to provoke us. We approached police station and after a big drama happened, the SI came to know that what they told him are lies after the physical inspection of the land. Further, SI also talked to the neighbouring land owner. After this, SI has filed an FIR under the sections 447, 427, 34 IPC.

1. What happens after filing FIR?

2. Do we also have to go to court regularly?

3. What is the quantum of punishment in such cases?

4. My aged parents stay alone in the village looking after lands while i stay outside due to job. My relatives are very annoying and giving us troubles for the last several years. They do NOT reside in my village, but they regularly visit the village as they have some lands in that area. They maintain good relationships with a few elders in the village and these people support these actions. Every week, some drama happens in the village and i am fed up fighting against these people.

I cannot visit the village very frequently due to job. What are the steps that i can taken so that they don't trouble my parents and me?

5. Although we don't talk to these relatives for the last 10 years, they try to provoke us regularly. I know the people who support them in the village. Is it possible to send any precautionary notice to my relatives and also to a few elders to a) stop bothering us b) not to talk to us directly for anything c) if they have any issue that needs to be communicated with us, they should contact us by sending a letter d) these particular elders should not come in between my relatives and us in any matter unless we both request e) for anything else, approach court. Please let me know if i can do this. If so, please let me know the procedure.

Thanks.

Asked 6 years ago in Criminal Law

Religion: Hindu

Answer 1

1. After FIR police shall investigate and file chargesheet in the court based on there investigation.

2. The complainant need to present before the court and further for the examination in chief.

3. The punishment for 427 is upto 2 years and fine and for 447 is three months so the court can accordingly award punishment or penalty.

4. See you can take permanent injunction against them from entering your house and property .

5. Such notice have no legal binding though you can give notice to them warning them that if they interfere or provoke you can take legal step but in village like area such notices can also create more dispute.

Shubham Jhajharia

Advocate, Ahmedabad

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Answer 2

Police will record statement, will see title documents and if find in conformity, will issue notice to accused why they should not be arrested.

No, investigation will take time and than police will submit report in court. It will take time.

Police has booked case under less offenses. Ask police to enter more sections of criminal trespass, Intimidation, wrongful restrain etc.

Better file another complain of repetitive nuisance created by relatives and villagers than court will issue prohibitory order. Hire some local lawyer.

Or file injunction suit in court, than court will pass injunction order not to interfere with peaceful possession.

Yogendra Singh Rajawat

Advocate, Jaipur

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Answer 3

1) police would carry out investigations and file charge sheet or closure report

2) during trial you have to go to court for giving evidence

3) your parents can file application before court seek orders restraining relatives from disturbing their possession of land or contacting them in any manner

4)

447. Punishment for criminal trespass.—Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both.

5) 427. Mischief causing damage to the amount of fifty rupees.—Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Ajay Sethi

Advocate, Mumbai

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Answer 4

1. After registration of FIR if bail is not taken then the police can arrest the accused persons.

2. On each date appearance in person in court is not compulsory.

3. Contest the case seriously. Forget the quantum of sentence now.

4. File a civil suit for declaration and injunction.

5. Since it is family feud then talk to them so out of court settlement can be done.

Devajyoti Barman

Advocate, Kolkata

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Answer 5

Dear client

After FIR police Investigate the charges and arrest the accused and take them to magistrate.

You don't have to go to court regularly as you can hire some good lawyer to represent your case or if not public prosecutor will be there for your case as it is state case.

The quantum of punishment in section 447 is imprisonment for three months or fine of 500 or both. It is for criminal trespass and in 427 IPC is Imprisonment for 2 years or fine or both.

the step you can take is that stay away from these people and dont answer to thier provocations just make complaint to police.

Mohit Kapoor

Advocate, Rohtak

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Answer 6

1. You need for take anticipatory bail.

2. No need to go on every date but most of the dates your presence necessary

3. The maximum punishment is 2 years in 427 and 3 months in 447

Prashant Nayak

Advocate, Mumbai

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Answer 7

Once the FIR is lodged the police are legally bound to start investigating the case. Investigation includes collecting evidence, questioning witnesses, inspecting the crime scene, forensic testing, recording statements etc.
If the police are successful in identifying the criminals and finding them then the arrest can be made.

During trial you have to appear.

427. Mischief causing damage to the amount of fifty rupees.—Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

447. Punishment for criminal trespass.—Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both

property from illegal possession on the side of your parent should file a suit for permanent injunction and in such case the competent hon'ble court may be granted relief interim injuction / temp. injuction .

Mohammed Mujeeb

Advocate, Hyderabad

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Answer 8

1. They will be remanded if they have not obtained AB.

2. No, you do not have to visit court regularly, you may have to appear before court only when you are summoned to let in evidence as witness.

3. Section 447 in The Indian Penal Code

447. Punishment for criminal trespass.—Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both.

Section 427 in The Indian Penal Code

427. Mischief causing damage to the amount of fifty rupees.—Whoever commits mischief and thereby causes loss or damage to the amount of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

4. You can approach police for protection.

5. You can issue a legal notice with all the instructions you have mentioned.

T Kalaiselvan

Advocate, Vellore

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