does police need permission to register complaint u/sIPC188
Adv.Aiyer VLV
(Querist) 02 April 2010
This query is : Resolved
on road market happens in residential area and front of our house gets covered by shops and vehicles making unlawful infrigment, private and public nuisance to the residents.
when matter was brought to corporation the commissioner orders no market to be run with board declaring unauthorised market must not be run. but petty politicians and officials of corporation who were earning hafta, continued market. now even police have joined the hafta business.
corporation refused to accept complaint filed.
police say they can't take complaint on corporation officials.
What is the procedure?
prakash vathore
(Expert) 02 April 2010
you can file writ petition, seeking direction to demolish the unauthorised market.
Devajyoti Barman
(Expert) 02 April 2010
Yes filing of writ for police inaction and its unholy alliance with corporation is the best option in this situation.
Guest
(Expert) 02 April 2010
yes. writ petition is the best way to get relief.
Raj Kumar Makkad
(Expert) 02 April 2010
I have similar opinion as of all other experts.
Guest
(Expert) 02 April 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE COMPLAINT KINDLY NOTE THAT.
1.YOU MAY APPROACH HIGH COURT HAVING AREA JURISDICTION AND FILE A WRIT PETITION ENCLOSING ALL YOUR PREVIOUS COMPLAINTS COPIES AND ACKNOWLEDGEMENTS.
2.YOU HAVE TO MAKE THE CONCERNED AUTHORITIES AS RESPONDENTS.
3.KINDLY NOTE THAT HIGH COURT WILL ISSUE NOTICE TO THE RESPONDENTS AND YOUR PURPOSE WILL BE SERVED AT THE STAGE OF NOTICE ITSELF.
4.KINDLY NOTE THAT MUNCIPAL COMMISSIONER, POLICE SUPDT AND EVEN STATE GOVT.CONCERNED DEPT SECRETARY SHOULD BE THE RESPONDENTS.
YOU MAY KINDLY WRITE OR CALL FOR ANY FURTHER HELP.
THANKS AND REGARDS.
anantha krishna n.v. Advocate
(Expert) 02 April 2010
Before filing a writ petition, please address a representation to the Commissioner of muncipal corporation and copy to the Police station concerned, SP of police as also to the secretary of Municipal administration of the state government.
wait for two weeks and later file a writ petition with this notice also as a material paper. Your task would be easier because the Hon;ble judge may be inclined to dispose your writ petition with a direction to dispose your representation and this would give some power to fight.
Parveen Kr. Aggarwal
(Expert) 02 April 2010
Make Complaints and Representations to all the concerned authorities and then apply under the RTI Act to get information about the market, its legal sanction and the action taken on your complaints and representations.
Parveen Kr. Aggarwal
(Expert) 02 April 2010
I fail to understand how section 188 of IPC is applicable to the query.
"188. Offence committed outside India:- When an offence is committed outside India-
(a) By a citizen of India, whether on the high seas or elsewhere; or
(b) By a person, not being such citizen, on any ship or aircraft registered in India.
He may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found:
Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government."
G. ARAVINTHAN
(Expert) 03 April 2010
for removing encroachment you need to file a complaint under Section 133 of Cr.P.C before a competent magistrate
Adv.Aiyer VLV
(Querist) 03 April 2010
Thank you all for your responses
but my query is Does police need any permission to file a case against govt officials, BBMP. this point is not answered.
please respond
yes. Writ is being contemplated also, like br.aravinthan said (CrPc 133 aka Ratlam municipality case is also being planned)
Is the procedure to take complaint, file FIR and issue notice/seek govt permission?
regards
VLV
the market is a shandy with people squatting and push carts occupying main road.
Mr. Praveen
not only 188, 166 and many others can come.
Section 188. Disobedience to order duly promulgated by public servant
Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction,
Shall, if such disobedience causes to tender to cause obstruction, annoyance or injury, or risk of obstruction, annoyance of injury, to any persons lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both;
And if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Explanation-It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.
