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ranjit (na)     05 December 2013

Is ipc sec 342 is apllicable in this case please advice

Property is ancestral, undivided. my uncle totally block our road after receiving notice by court, we have Filed suit for injunction because, he (partially) block the road by parking the SUV middle of the road.

                                                                                                                              But the day he received the notice by court he block entire road by build metal sheet wall, we unable to proceed in that direction(I believe since the property is Undivided we can go through it, we have rights to proceed). we given police complaint by application, nothing happen.  not FIR . we are going through neighbours farm by walking, cant go on bike or car(using neighbours parking for vehicles), want to ask you is it wrong ful confinement or not, more than 1 month we are facing the same.

court order the examination

can you please suggest me what I have to do.

Thanks,

Ranjit



Learning

 3 Replies

adv.raghavan (Advocate,9444674980)     06 December 2013

u didnot inform us about the complaint details.i.e, section details. but still u can move local jurisdiction magistrate court  under section 156(2) of crpc,ordering police to investigate and file FIR. on the complaint give by u. u can add section 447 of IPC for this.

Laxmi Kant Joshi (Advocate )     07 December 2013

1.No in your case it falls u/s 341 ipc because you are not totally captured in your Home you are unable to go only in one direction other direction is open for you to go .2.if that road is a public way then It is a public nuisance and if It your private then It is a private nuicance , first report to the municipal authorities to remove that nuicance if they not take any action then move an application to The SP police stating all the facts with photograph of that block road , if they will not take action then report to SDM of your area with full details .
1 Like

ranjit (na)     09 December 2013

Thanks for reply!


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