Legal Question in Civil Litigation in India

Do police has authority to arrest person under sction 156(3). My father has baught a land equal to 1guntha i.e 1089 sq ft in 1981. Now the land lord has claimed that we are actually using 1190 sq ft and so 190 sq ft extra and asking us to pay for this. Although the fact is our actual construction is less than 1000 sq ft.

We received poice notice saying court has issued 156(3) act and come for investigation. We are now told by Police that they can put my father in jail under this act.We are saying why not police forward the file to court we will justfy our side in court. Do police have right to arrest a person under this act?How court can issue this act as no govt.evidences are available in FIR about actual land. There is only hand sketch provided by land lord claiming extra land taken by us which is not correct. pl advise how to handle this issue.


Asked on 10/18/10, 3:59 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

under 156(3) the magistrate has power to order investigation or to direct the police to register FIR. In case direction is for registration of FIR, then police can arrest and not if the order is just for investigation.

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Answered on 10/18/10, 10:18 am


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