147 336 427 & 447 ipc arguments on charge
Pardeep Kumar
(Querist) 03 June 2014
This query is : Resolved
R/ expertise
I took restraining order against B. Bud he did not stopped construction work. Than I took another order for implementation of restraining order through police. Police stopped the construction work for about month thereafter SHO who implemented the order transferred and newly transferee SHO allowed the B to start construction work than I approached the police station and asked the Sho abut constuceion on disputed land but sho threatened me and asked not to interred in construction work. There after I given in wtitting to sho that courts order is being violated in which police court have given direction to police to implement the same. On next day I also filed application u/s 145 146 CrPC before executive magistrate 1st class in the morning at about 3 pm B with the aid of police was putting lanter on the roof of disputed shops against which the restraining order was in force stopped by me and family member by just sitting in front of mixuring machine .
I filed an application against B u/s 156(3) police did not take any actions but B also file a counter application on which police registered fir against us u /s 147 336 427 447. Police demarcated the disputed land and against a false report prepared by Naib-tehsildar in collusion with police and B
now my case at the stage of charge can I take a plea that civil court restrained them from raising construction and at the time of arguments I can't take the benefits of section 78
Adv. Pankaj Patil
(Expert) 14 June 2014
Decision of civil court is binding on criminal court and criminal court can consider it as a cogent evidence and you certainly obtain benefit of doubt from it and will be acquitted
