Sreedhar Sunkara 22 October 2021

Harrashment by neighbour

Hello Members,

I constructed a G+4 building with all regulations and Municipal authorities gave proceedings and occupancy certificates. But a neighbour who is prejudiced about me stated giving a false complaint stating g+5 which is wrong. He filed a civil suit before the First class magistrate but no order is passed in the case. But the Neighbour complains to the Income-tax department, Electricity department, Municipal authorities and fire and Disaster department to demolish my building which is constructed illegally G+5 and 1 floor is not regularised. But actually, I only constructed G+4 floors. After an investigation by each department, I got clearances from all of them. But all of these departments are not giving me a complaint copy under RTI 2005.

I want to file a case to invoke section 211 of CRPC as each of those departments failed to register case u/s 182 of IPC. Without complaint copy how can I proceed? Shall I make each of these parties as repondents? Please advice.

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2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 22 October 2021

you can get certified copies from the courts by applying in the copy section office through an advocate.

Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both; and if such criminal proceeding be instituted on a false charge of an offence punishable with death [or imprisonment for life], or imprisonment for seven years or upwards, shall be punishable with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine

minakshi bindhani 22 October 2021

As per your concerns!

Section 182 of the Indian Penal Code reads as

“False information, with intent to cause public servant to use his lawful power to the injury of another person:-

Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant—

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b) to use the lawful power of such public servant to the injury or annoyance of any person shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”

Section 211 of the Indian Penal Code, reads as

“False charge of offence made with intent to injure-

Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both;

and if such criminal proceeding is instituted on a false charge of an offence punishable with death, imprisonment for the life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.”

In basic terms, section 211 of the Code institutes fictitious or false criminal proceedings against someone or falsely accuses someone of committing a crime. When someone is charged with committing an offence under this section, it must be understood that the person who made the unsubstantiated false claims should have known they were false whereas section 182 directs on someone who provides any public servant with the false information which he/she know is not true with the motive of causing harm to someone.

Added to this an applicant who desires to obtain any information under the RTI Act can request through this Web Portal to the Ministries/Departments of Government of India.

Yes, you may proceed without complaint copy and lodge an FIR against the parties.

Hope it is helpful!
Regards
Minakshi Bindhani