The Illegal Dispossession Act, 2005, is meant to protect the lawful owners and occupiers of immovable properties from their illegal or forcible dispossession therefrom by.....................

(1) Sections 3 and 5 of the Illegal Dispossession Act.

The Illegal Dispossession Act, 2005, is meant to protect the lawful owners and occupiers of immovable properties from their illegal or forcible dispossession therefrom by the property grabbers. According to Section 3 of this Act, no one shall enter into or upon any property to dispossess, grab, control or occupy it without having any lawful authority to do so with the intention to dispossess, grab, control or occupy the property from owners or occupier of such property and in case of contravention, the punishment is provided under subsections 2 and 3, as the case may be. Whereas, under Section 5 of the Act, it is provided that upon a complaint, the Court may direct the officer-in-charge of a police station to investigate and complete the investigation and forward the same within fifteen days to the Court, and on taking cognizance of a case, the Court shall proceed with the trial from day to day and shall decide the case within sixty days and for any delay, sufficient reasons shall be recorded, with a further rider that on conclusion of the trial, if the complaint is found to be false, frivolous or vexatious, the Court may award compensatory cost to the person complained against which may extend to five hundred thousand rupees.

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(2) Section 561-A, Cr.P.C., is curative in nature, to prevent the abuse of the process or otherwise to secure the ends of justice but cannot be construed as an alternative or substitute of the provisions contained under Sections 249-A or 265-K, Cr.P.C.