Complaint u/s 156(3) crpc
WHATSAPP 91-8075113965
(Querist) 05 October 2012
This query is : Resolved
Sirs,
I would like to file a criminal complaint u/s 156(3) CRPC .
The gist of the case is that i am staying permanently in Hyderabad and my property is in Kerala, and one of my neighbors has trespassed in to my property, by altering the boundary, made a private road through my property, filled up a well in my disputed property.
I have already filed a civil suit against him and got an injunction also.
(1) Now, my question is that what are the sections which I can incorporate in this complaint of trespass and making private road and filling up the well ?
(2) my second question is that whether the pending civil suit will anyway bar a criminal action on almost same set of facts ?
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
MOB : 9447536929
PARTHA P BORBORA
(Expert) 05 October 2012
Your dispute is civil in nature. No criminal
court has the power to pass any order in connection with a boundary wall or a private road( except nuisance or breach of peace) . So consult with a civil lawyer.
Nadeem Qureshi
(Expert) 05 October 2012
Dear Sandeep
you have right to file a criminal complaint against that person/persons under section 441 of ipc
Section 441. Criminal trespass
Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,
or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence,
is said to commit “criminal trespass”.
STATE AMENDMENT
Orissa
For section 441, the following section shall be substituted, namely:—
“441. Criminal Trespass.—Whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,
or, having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence,
or having lawfully entered into or upon such property, remains there with the intention of taking unauthorised possession or making unauthorised use of such property and fails to withdraw such property or its possession or use, when called upon to do so by that another person by notice in writing, duly served on him, is said to have commit “criminal trespass.“
[Vide Orissa Act 22 of 1986, sec. 2 (w.e.f. 6-12-1986)].
Uttar Pradesh
For section 441, substitute the following:—
“441. Criminal Trespass.—Whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy and person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains therewith intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence,
or, having entered into or upon such property, whether before or after the coming into force of the Criminal Law (U.P. Amendment) Act, 1961, with the intention of taking unauthorised possession or making unauthorised use of such property fails to withdraw from such property or its possession or use, when called upon to do so by that another person by notice in writing, duly served upon him, by the date specified in the notice,
is said to commit “criminal trespass”.
Nadeem Qureshi
(Expert) 05 October 2012
Section 447. Punishment for criminal trespass
Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 months, or fine of 500 rupees, or both—Cognizable—Bailable—Triable by any Magistrate—Compoundable by the person in possession of the property trespassed upon.
Comments
Mere vague allegations are not sufficient for conviction under section 447 for criminal trespass; Bhaskar Chattoraj v. State of West Bengal, (1991) Cr LJ 429 (SC).
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