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Bunny Chintu   24 May 2023

private complaint

Dear learned experts,
A person filed a complaint to the Station House Officer to take
necessary legal action with detail enquiry against some persons for criminal trespassing and causing loss disturbing a construction of a compound wall entering in to his premises with out any right.
a copy of the same along with showing his rights to the superintendent of police
surprisingly, the sho sent a message through WhatsApp it is civil nature
The person filed a private complaint against the persons for criminal trespassing and causing loss to refer the same to the SHO to issue FIR. But the honourable judicial magistrate of first class asked to show any photos showing any trespassing and causing loss.
All of a sudden they entered in premises and caused to loss and then how can show the photos etc;and the same prayed before the court.
hence ,I request you that what is the advice on this?
Thanq in advance.


Learning

 5 Replies

Sudhir Kumar, Advocate (Advocate)     25 May 2023

Meet a lawyer and file complant to ialaqa magistrate

Real Soul.... (LEGAL)     25 May 2023

Just file the complaint and request the court to let the P/S comcerned to register the FIR anf investigate the matter. 

T. Kalaiselvan, Advocate (Advocate)     25 May 2023

Without any evidence produced before cvourt, how can you expect the judge sitting at court to know what happened to your property, whether there was any damage done to your property etc., you should have taken a photograph at least after the damage was caused.

Besides do you not have the copy of the complaint filed before police or SP, have you poroduced them before court.

You have approached the JMFC court through an advocate, what is your adovcate's opinion on this?>

Mp Krishnaiah   25 May 2023

Dear learned experts, 

All of a sudden the persons are entered trespassing and using with filthy language how can a complainant may take photos and record videos. Perhaps you did not gone through the request that a Complaint given to the SHO, SP and a copy of the same marked to DGP. Surprisingly  SHO sent a reply and DGP refused to take read.cover..

Thanq 

Sudhir Kumar, Advocate (Advocate)     26 May 2023

well advised by Mr Kalaiselvan. read again.


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