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Bunny Chintu   11 May 2023

criminal tresspas

Dear learned experts,
A builder got permission for construction of flats from the city muncipality and constructing as per the permission given by the city muncipality. But some of the locality members complained alleging construction is with deviation for which the builder already is having a perpetual injunction order from the honourable court.
The locality members objected the construction by entering in to builder's premises for which the builder filed a complaint to take a legal action on the obstructers for criminal tresspas and causing loss to the material gathered for construction.
That,the police instead of taking
an action against them instructing to get the police protection from the honourable court. when he approached the honourable court rejected the petition stating it is not necessary to give police protection and the police has to take criminal action for criminal trespassing by issuing FIR and has to investigate the matter.
kindly advice on this sir,
Thanq in advance
I am not able to understand


Learning

 2 Replies

Dr J C Vashista (Advocate)     11 May 2023

The facts posted are contradictory and confusing such as builder construction is as permitted, what is the problem / deviation observed by localty member(s) ?? 

Besides this, what is the suit,  how and why the Court has issued perpetual injunction ??

What are contents of police complaint where no cognizable offence is found to take the complaint ?

It is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

T. Kalaiselvan, Advocate (Advocate)     11 May 2023

The civil  court cannot interfere or entertain any petition and pass direction to the police to give protection to the petitioner against the criminal trespassing by the defendant.

The police has to deal with the complaint as per law, if they don't do so, then the petitioner/complainant can move the SP of police or move an application before the judicial magistrate court under section 156(3) cr.p.c. seeking direction of the judicial magistrate to the concerned police to initate action on the complaint and to register FIR on the basis of complaint.

 


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