Crpc 107, 116(3)

Querist : Anonymous (Querist) 22 August 2011 This query is : Resolved
In a dispute of house construction with neighbour, on the complain of neighbour police stoped the construction in disputed area in february 2011. I filed caveat and after in march 2011, neighbour/opposition filed a case of easementry right which is now in the stage of writen statement (without any stay order).

In mid april I finished construction in undisputed area and waiting court procedures. Meanwhile in june 2011 police unnecessarly reported to megistrate that there is a case of breach of the peace. Megistrate issued summon/warrant to both parties under CrPc 107, 116(3) .

I have done the formalitiese of bond/bail but summon/warrant is not being serve by police to second party/opposition. Police twicely returned the summon/warrant to magistrae office without any noting or report (whereas oppsition is present his residence and regularly going his office in the city). Magistrate and his office also silent on the issue till now.

Is there any scope for me to do something to serve the summon/warrant to opposition or any other thing.

Follow Query

Report Abuse

Devajyoti Barman (Expert) 22 August 2011
Yea ask the executive magistrate to direct the police to execute the warrant or serve the summons.

SAANJAAY GUPTAA (Expert) 22 August 2011
Yes you can file an affidavit that the O.P is very much present in his residence and police ignoring to inform and or arrest him for the reason best known to them.

girish shringi (Expert) 26 August 2011
Contact ACP/DSP/Commissioner of Police and inform about inaction of Police of the Area copy to the Magistrate.
If No one listen to you contact me:girishshringi@gmail.com with full detail seating in Gujarat I will follow your matter to get you genuine cause done.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries