Section 456 of CrPC : Section 456: Power to restore possession of immovable property.

CrPC

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Explanation using Example

Example 1:

Ravi owns a small piece of agricultural land in a village in Maharashtra. One day, a local goon named Shyam, along with his associates, forcibly evicts Ravi from his land using threats and physical violence. Ravi files a police complaint, and Shyam is arrested and convicted of criminal intimidation and use of force. The court, upon conviction, recognizes that Ravi was dispossessed of his land due to Shyam's criminal actions. Within a month of Shyam's conviction, the court orders that Ravi be restored to possession of his land. The police are directed to evict Shyam and his associates from the land and ensure Ravi's peaceful possession.

Example 2:

Meena, a resident of Delhi, is living in her ancestral house. Her cousin, Raj, who has been eyeing the property, forcibly takes over the house while Meena is away, using threats and intimidation against the caretaker. Meena files a case, and Raj is convicted of criminal intimidation. The trial court, however, does not pass an order to restore possession to Meena. Meena appeals the decision, and the appellate court, while disposing of the appeal, orders that Meena be restored to possession of her ancestral house. The police are instructed to remove Raj and his associates from the property and hand it back to Meena.

Example 3:

Suresh, a shop owner in Bangalore, is threatened by a local gang to vacate his shop. When Suresh refuses, the gang uses force to evict him and takes over the shop. Suresh files a complaint, and the gang leader is convicted of using criminal force. The court, within a month of the conviction, orders that Suresh be restored to possession of his shop. The police are directed to evict the gang members from the shop and ensure Suresh's possession is restored. However, Rajesh, a third party, claims ownership of the shop through a civil suit. The court's order to restore possession to Suresh does not affect Rajesh's right to establish his claim in the civil court.

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