448IPC and 145CRPC

Querist : Anonymous (Querist) 21 January 2011 This query is : Resolved
I have recently demolished an unauthorised wall in my premises to avoid adverse possession of the open area of my house by my relative who owns the front portion of the house. she has complaint to the police. So did I, but the police is threatening me of charging me under 448 IPC and 145 Crpc. I even have an MCD notice dated feb 2002, asking my mother to demolish all unauthorised structures including the 'wall'. My mother passed away that time and I was out of station. I have recently shifted to my portion of the house (back) and the front portion of the house is right now unoccupied. Yet the police is creating a problem for me.

Is it illegal to demolish an unauthorised wall? How can the police charge me of 448ipc and 145crpc, when i already have an MCD notice saying that the unauthorized structure has to be brought down.

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Querist : Anonymous (Querist) 21 January 2011
the wall has been there since the last 26 years

Devajyoti Barman (Expert) 22 January 2011
In your case section 448 ipc does not apply not section 145. The police is simply acting under the influence of your opposite side.