• 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, there 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 .
On 4th may 2016 the police submitted the report that as the accesss to 3rd and 4th room is from 1st whose keys are one with gopal sharma a friend of accused the police could not open the seal and handover the possesion to me .
Surprisingly on 4th may 2016 the court passed the order to the police to get the keys from mr gopal sharma and handover the possesion of 2 rooms to the accused and the articles inside the rooms to me 
The court itself contradicted its own order dated 27/07/2014.without giving any lawful reason 
How shall i proceed further and what are the sections and provisions .
I filed an application before the same court for the suspension/ stay of the impugend order for one month so that i can challenge the impugened order but the court asked me to give the provision under which i have filed the application.
Where shall i challenge ? Shall i file a writ ? 
But the court has ordered the deputed police officer to comply the order and handover the possesion to the accussed in my presence .
I dont know what to do ?
Asked 7 months ago in Criminal Law from Nagpur, Maharashtra
Religion: Sikh
1) you have not attached copy of order passed my magistrate 

2) it is necessary to peruse order passed by magistrate to advice 

3) if you are aggrieved by the order passed by magistrate file revision application 
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
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Hi
 You have an option to file an appeal in the higher ├žour not in the same court.
If the matter was heard by the sessions court then you should approach the high Court.
If it was a senior division judge appeal in the district.
You should ask your lawyer to deal with it.
Also bring before the court regarding both orders and the contradiction in the oders.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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Where shall i challenge ? Shall i file a writ ? 

You can prefer an appeal against the order that is aggrieved.



But the court has ordered the deputed police officer to comply the order and handover the possesion to the accussed in my presence .
I dont know what to do ?

Approach high court with an appeal and stay application to stay the orders passed by the trial court till the disposal of the appeal.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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Hi, you have to file Revision petition in the District Court for challenging the order passed by the Trial Court. 

2. In the Revision petition you have to seek for stay of further proceedings of the Trial Court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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The criminal court has the power to revoke its earlier order. Your application for suspension of the order was misconceived. There can be no stay by the court on this order. The remedy is to challenge the order in the sessions court and seek a stay from it,
Ashish Davessar
Advocate, Jaipur
18161 Answers
449 Consultations
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you should file an appeal because this decision of transfer of keys etc illegal. this is not interlocutory order it is appealable order. no need to file writ because you case is not finally decided. 

Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
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You have already filed revision application 

Wait for orders to be passed on your revision application 
Ajay Sethi
Advocate, Mumbai
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Then hope for the best.
Ashish Davessar
Advocate, Jaipur
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I avoided the police and did not present myself to take the delivery of my articles. I have filed a revision before the session court and asked for stay on order dated 4/05/2016

Then you may have to follow it up accordingly.  Try to get the stay order and fight it out in the revision.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0

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