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Police Complaint

Querist : Anonymous (Querist) 01 February 2010 This query is : Resolved 
Sir,
A land is being encroached and Police refused to write or receive written complaint against the encroacher’s. In that case can I send it through registered letter either to PS In charge or to SP of that area? What should I do? Thanks
A V Vishal (Expert) 01 February 2010
The role of police is restricted in civil disputes, you need to file a criminal complaint of tresspass in the court. However, in my opinion the police can also file a case u/s 441 IPC for criminal tresspass which is a cognizable offence.
Querist : Anonymous (Querist) 01 February 2010
Thanks sir, Encroachment is in initial stage and need immediate and urgent stay, local lawyers' are saying for injunction you will have to file Title suit and there is no hope from or up to District court and u will have to High Court, by that time, construction will be completed. Also they are advising to use force to stop them. But encroacher's are of rough people. What should I do?
How to file criminal complaint of tresspass in the court? Thanks
A V Vishal (Expert) 01 February 2010
File a criminal case as well as a civil suit for permanent injunction, however, I must say that there are 50-50 chances of success in the civil suit.
Querist : Anonymous (Querist) 01 February 2010
Sir,
local lawyer's are telling u won't get immediate relief and for that u will have to approach high court, since lower or trial court's never grant injunction.Also there is no separate suit specially for injunction and is a relief of title suit.
vijayan (Expert) 01 February 2010
The land is already encroached and question of injunction will not arise.If police is reluctant to accept the complaint, file a private complaint before the judicial magistrate court u/s 447 IPC for criminal trespass and if there is any mischief, u/s 427 IPC also against the assailants.

If trespass is continuing, file an injunction suit before the civil court immediately.
High Court is not at all a forum for your remedy and relief.
B K Raghavendra Rao (Expert) 01 February 2010
Under the circumstances explained by you, it is possible to obtain immediate ad-interim temporary injunction in a suit for bare injunction, provided the victim is pucca owner of the land. All one has to do is to produce to the court and to the police copies of vital documents to establish ownership and photographs and or documents that evidence encroachment. By convincing argument, one can definitely get ad-interim ex-parte temporary injunction immediately. At least it is my experience.
Arvind Singh Chauhan (Expert) 02 February 2010
You can approach to SDM or DM under Sec 145 Cr.P.C. also.
Raj Kumar Makkad (Expert) 02 February 2010
I do agree with Rao.
Sachin Bhatia (Expert) 02 February 2010
File a suit for permanent injunction along with ad-interim temporary injunction in the civil court.
James Arun (Expert) 02 February 2010
Does the land belong to you? Were you in possession, and were dispossessed by the encroachers? Are they restraining you from entering your land? Are they threatening you?

Assuming the answers as yes, do three things:

1. Go to the jurisdictional DCP office, and file a complaint there, in addition to giving a complaint in writing to the Commissioner of Police. Take acknowledgements from both. File these u/s 447, 341 and 506 of IPC.

2. If no action is taken within 24 hours, file a private complaint u/s 447, 341 and 506 IPC, r/w 145 (6)(a) of CrPC, with the Jurisdictional Criminal Court, and seek an ex-parte ad-interim injunction, as explained by my learned friend Mr. Rao.

3. In addition, do what my learned friend Mr. Bhatia advised - file for a permanent injunction in a civil court.

James
arunkumarpj@gmail.com
Querist : Anonymous (Querist) 02 February 2010
Thanks and best regards to all of you.


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