Section 341 456 457 380 429
I have filed the case under above sections against my landlord . I was having 4 rooms on rent . The landlord took forcible possesion of all rooms by breaking open the locks . The police after my complaint opened the first and second room whose keys were provided by the landlord, their was my furniture and articles in these 2 rooms .The police made the panchnama of the rooms and noted the articles lying .The police than asked the landlord to provide the keys of 3rd room but he said that the 3rd and 4th room are in my possesion and I am having the keys .The fact was I was not having the keys as i only used to lock the first room as the entry to 2nd 3rd and 4th room was from the first room . The police than broke open the lock made panchnama and noted the articles and furnitures in the room.I brought to their notice some costly articles missing .
The police than locked the 3rd room and offered me the keys I refused and asked for possesion of 4 rooms as taking possesion of 3rd and 4th room was meaningless as the access to these rooms was only through 1st and 2nd room The police than offered the keys to landlord who also refused so they sealed and locked the 3rd and 4th room and kept the keys in their custody .
After a certain period of time the accused / landlord filed a application before the same criminal court where he was being prosecuted to handover the possesion of 3rd and 4th room to him but the court ordered to handover the possesion with articles inside to me .
The police I, the 2 panch and 2 of landlord neighbours were present as called by the police . The landlord/ accused stated that the acess to 3rd and 4th room is only from the 1st room and the keys of first room are not available with him as he has given the keys to one of his known man who is not present in city .
The police made the panchnama does not forced the accused to provide the keys and told me they will submit the panchnama to the court and I shall get the neccessary directions .
Please guide me how to proceed further
Asked 9 months ago in Criminal Law from Nagpur, Maharashtra
The police cannot go beyond certain extent in such civil nature cases.
They cannot force the landlord to handover the keys nor it can break open the room once again without any reason or base.
You may fight out the case in the court once the police is submitting the panchnama in this regard and seeks direction for further action.
1) it is better you teach an amicable settlement with landlord
2) case will go on years
3) no doubt landlord has committed an offence in breaking the locks of house which was in your possession
4) the fact that your articles were in house proves that you were in possession of house and landlord had no business to break the locks
As per the words from you I understood that landlord has committed an offence in breaking the locks of rooms which was in your possession. Even though the case is civil nature, the police could not go beyond some limits and not force he landlord to hand over the keys.
You can claim damages by filing civil suit against the land lord and precede the criminal case. Even though settle the matter amicably is the best option for avoiding long lasting litigation's.
The criminal court can only punish the offender for the wrong committed by him, whereas it is only the civil court that can undo the wrong. Since your grievance is that you have been dispossessed from the property in an illegal manner the remedy is before the civil court through a suit for possession against the landlord. There is nothing that the criminal court can do except to hold the accused guilty and condemn him to the appropriate punishment.