Fir booked 448 & 427

Farmer (Querist) 07 February 2024 This query is : Resolved
Dear sir :

if a defendant gave complain in PS, police booked FIR under section 448 & 427, police served 41 crpc notice given, police requested to submit the documents of plaintiff.

How ever the plaintiff have court orders dated 01.09.2023 to demolish the compound wall by defendant.

Plaintiff received court decree , waited for 6 months (from 1 sept 2023), no action taken by GHMC though the plaintiff gave written complain on defendant, now plaintiff dismantled the compound wall at 7:00 pm in the evening.

My question is : what are the consequence on plaintiff, as police booked FIR under section 448 & 427. what might be the procedure or process further.

Best wishes.
ksp

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Quick Summary

A plaintiff dismantled a compound wall after obtaining a court order, but the defendant subsequently filed a complaint leading to an FIR under sections 448 & 427. The police have issued a notice under section 41A CrPC and requested documents. The process involves FIR registration, investigation, and a charge sheet, which can take a year or more to resolve in court.

T. Kalaiselvan, Advocate (Expert) 08 February 2024
This is a criminal case, the police have just issued a notice under section 41A cr.p.c.. After this police will register FIR and then charge sheet after investigation is completed. Step by step process will be carried out and it will take time for disposal of the case by court, it may take even one year or more.

The question was repeated in another thread, hence the answer is also repeated.

Farmer (Querist) 09 February 2024
Dear Mr. T Kalaiselvan :

Thank you so much for your valuable time in replying for my query.

T. Kalaiselvan, Advocate (Expert) 09 February 2024
You are welcome for your appreciations.

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