• Encroachment

We have registered a case under ipc 406 & ipc 420 against one of our land encroacher who got into a written agreement 3 years back to purchase the plot after one year from the time of agreement in market price which he didn't do in the agreed stipulated period of 12 months and started avoiding our calls and hiding physically whenever we went looking fr him.Now after being served the notice by the investigative officer 12-13 days back to present himself in p.s.,the accused have not done so.so want to kno Wat the police should do to deal with this person and Wat will b his punishment fr not respecting the notice and the police.
Asked in Civil Law from Golaghat, Assam
1) police will again issue him notice to present himself before investigating officer 

2) if inspite of notice accused refuses to appear police may arrest the accused 
Ajay Sethi
Advocate, Mumbai
28609 Answers
1553 Consultations

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Hi
1. The police has issued Notice under 41 of Cr.P.C to the accused.
2. As per the procedure under 41A Cr.P.C if the accused  does not honour the notice nad present himself to the police for investigation, police will have to arrest him for the said offence in the complaint.
the proceedure is that police has to issue notice to accused for offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine,

 (1) The police officer *[shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.

(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.

**[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.”
The accused will be arrested and produced before the court. The trial can start only after his arrest.The person will be tried for the offences alleged and if found guilty will be convicted.
Thresiamma G. Mathew
Advocate, Mumbai
1385 Answers
104 Consultations

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1. The police may arrest him against a warrant of arrest.

2. He has the right to seek anticipatory bail from the court, which you can oppose by fielding your own lawyer in the court.
Ashish Davessar
Advocate, Jaipur
19896 Answers
521 Consultations

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If he has been picked up then he may well have been arrested already, or the police may arrest him after interrogation. After arrest the police will produce him in the court within 24 hours.
Ashish Davessar
Advocate, Jaipur
19896 Answers
521 Consultations

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accused will be produced before magistrate within 24  hours of his arrest and court may either remand him to custody or release him on bail 
Ajay Sethi
Advocate, Mumbai
28609 Answers
1553 Consultations

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You have lodged a complaint with the police, but police are not effective to nab the culprit, right?  For the lapses at local police, you may escalate the matter with the higher police official of you district.   If this also fails to invoke any response, you may approach local jurisdictional judicial magistrate court with an application u/s 156(4) seeking direction to police o investigate the matter properly and to register FIR if necessary after investigation.
T Kalaiselvan
Advocate, Vellore
18784 Answers
176 Consultations

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