Common passageway -- cr. p.c. 133 - please help !!!


I live in an apartment building and some people forcibly closed common passageway of the apartment and constructed illegal shops with concrete structures. So, we filed a case under section Cr P C 133 – removal of obstruction from common passageway – and Section 107 or any other applicable section, in the city’s SDO court in FEBRUARY OF 2016 with all indisputable evidences ( along with sanctioned building map of the building from municipality that has common passageways).

Till now nothing has been done by the court and they have been giving one date after another for the last ONE AND A HALF YEAR!!! 

We shall be tremendously grateful to you if you may please answer the following questions:

(1) Will the case turned to be civil instead of original criminal complaint, since one and a half year has passed?

(2) What should we do to ensure that this criminal suit gets justice and is not converted into a civil suit and bogged down by procedural delays?


(3) How do we make sure that criminals get justifiable punishment and are not let go by the bureaucracy / administration with a gentle slap on their wrists ? What is the amount of punishment of their criminal act ( under CrPC 133 ) ?

(4) The common passageways were used by apartment residents and other people to access main road on foot. Does Cr. P. C 133 apply here ? Does it fall under “public nuisance” ? What other sections are applicable ?
 

(5) What other measures can be taken to increase pressure on those criminals and speed up procedure ?


Thank you very much for your valuable time and May God Bless you !.

 
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I suggest you file an RTI regarding the status of the case and as to why the thing is taking so long. Moreover, move an application before the court citing the urgency of the matter to respectfully regulate the case on a prioritized basis or the scope of justice might remain inherently limited.

S. 133, CrPC definitely empowers a Magistrate to grant a conditional order for removal of nuisance.

S. 268 of IPC also makes Public nuisance an offense and it can definitely constitute Public Nuisance.

Move an application for urgent relief as the process must be causing you severe damage and it is prima facie illegal. Therefore, move an application before the Court to order the destruction of the constructions which are posing a great deal of hardship to you.

Also, the people in the appartment building collectively have a right over the common passage. Such construction can even fall under Criminal Trespass u/s 441, IPC. There are also ingredients of an offence u/s 339, IPC, called Wrongful Restraint.

As a last resort, keeping all such RTI applications' copies etc and responses from the Court, if nothing works, file a writ petition of Certiorari, in the High Court, laying down as to how the grave miscarriage of justice has been carried out by not providing a speedy disposal to the matter.

I would reccomend you to discuss the case with a local capable counsel if you wish to get some help about the entire procedure.

 
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