Police inaction

rohit (Querist) 04 September 2013 This query is : Resolved
I run steel business from My shop. there are bunch of people who have encraoched the Land adjacent to my shop and Create nuisance like Gambling, Drinking and Parking of Their Vehicles/heavy vehicles.

I have Made complaints to the Local Police Station, Some cops Arrive After complain , But after a day or two, Same things Happens again, they Gather again and Creates Nuisance.

What would be The Permanent Solution to the problem.Should i go to Court.

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Advocate M.Bhadra (Expert) 04 September 2013
You can lodge a diary to the police and inform the higher authority of police then file a Writ Petition under article 226 of the Indian Constitution on residuary ground in high court for police in-action.

Raj Kumar Makkad (Expert) 04 September 2013
You should file a complaint under section 133 of Criminal Procedure Code against all such persons in their individual capacity before local SDM/

C.V.Kansara (Expert) 04 September 2013
Agree with Mr. Raj kumar

Guest (Expert) 04 September 2013
I endorse the advice of Shri Makkad.

Advocate M.Bhadra (Expert) 04 September 2013
Provision of sec.133 Cr.P.C.:

Conditional order for removal of nuisance.- (1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers.-

(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or
(b) that the conduct of any trade or occupation or the keeping of any goods or merchandise; is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated: or
(c) that the construction of any building, or the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped; or
(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or
(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or
(f) that any dangerous animal should be destroyed, confined or otherwise disposed of,
such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, lank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order-
(i) to remove such obstruction or nuisance; or
(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or
(iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or
(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or
(v) to fence such tank, well or excavation; or
(vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order;
or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.
2) No order duly made by a Magistrate under this section shall be called in question in any civil Court.
Explanation.-A "public place" includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreation purposes.

The provision may not be considered for private place and for individual.