Available Remedies under the Criminal Law for Land Disputes

A person can seek redressal under Section 145 of the Criminal Procedure Code if there is a risk of creating a volatile situation centered on land grabbing. According to this section, the remedy has to be sought in the court of the first class executive magistrate. The case must be filed within two months of being evicted or threatened with eviction. In case of any case, the magistrate will issue summons against the opponent. After hearing the statements of both the parties and at the end of the evidence, it will be decided who will be the occupier of the property. If necessary, you can go to the spot and order the local police to investigate. Based on their report, the judge will decide who is the real occupier. However, if you seek redress under section 145, you cannot claim ownership or ownership here. Only through this can a remedy be sought to determine the real occupant.

Where and how to take refuge in the law

In this case, you can file a petition or complaint under Section 145 of the Criminal Procedure Code through a lawyer to the District Magistrate. However, you must take all your original documents with you when filing a lawsuit. The judge will check the documents and see how true the facts are. The judge will then direct the officer-in-charge of the concerned police station to investigate the case. If the investigation report comes in your favor from the police station, the judge will instruct the opponent to refrain from all kinds of activities.

Remedy against threat

If you are threatened by an opponent, first make a general diary at the nearest police station. He will then be able to file a case with the Executive Magistrate under Section 106 of the Criminal Procedure Code through a lawyer with the general diary.