Duty of complainant

Complainant is to specifically describe the unlawful act of dispossession (actus rea) by complete detail of action done by all those, who are responsible for his dispossession of the property illegally and nominate them as proposed accused in the complaint

Complainant is also required to establish that there exists a clear-cut criminal intention (mens rea) on the part of such proposed accused

Complaint against an encroacher cannot succeed in absence of unlawful act (actus rea) and a willful knowledge, a belief that he is doing an unlawful act (animous nocendi) or criminal intention (mens rea).

For taking cognizance of complaint under S. 3 of Illegal Dispossession Act, 2005, Trial Court is under legal obligation to see that (i) whether complainant was in possession of disputed property under proper legal cover; (ii) whether he has been dispossessed by use of force; (iii) whether accused has got no title in disputed property; (iv) whether accused party belongs to group of land grabbers and (v) whether complaint discloses unlawful act and criminal intent

Complainant, at initial stage, has to satisfy court about existence of every ingredient of alleged offence

If complainant succeeds to persuade and convince court and make out a triable case, court should proceed with the matter by taking cognizance of offence under S.3 of Illegal Dispossession Act, 2005

Without the same, Trial Court is not obliged to summon accused and record evidence like ordinary criminal trial.