• Action against somone who forcefully demolish the common boundary wall

I had a common backside boundary wall with my backside neighbour. I had constructed single story only. My backside neighbour had constructed three storey building. At the back side veranda he build stair cases on the common wall. In between the staircases he left the space open. He had rented his entire building and the tenants keep throwing garbage towards our side. They also keep sitting on the stairs thus hindering our privacy. I asked about these problems to my neighbour but in vein. Atlast I build/closed the open area between stairs. My neighbour starts shouting that I had blocked his air. One day when I was out of station there was my mother only in the house he broke the wall and make a window inbetween the stairs although my mother pleads to him that let my son come and then take any action. But he did not stop and fractured the wall. 
I filed a FIR with Police for forcefully dismantling the wall and ask to take action against my neighbour under criminal case. Police authority replies that it is a property matter and go to civil court. 
My query is that should my neighbour not be booked under criminal laws for his DADAGIRI
Asked 7 years ago in Civil Law

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11 Answers

Police is bound to lodge a FIR in your matter for offences the of public nuisance, criminal trespass, mischief besides others.

Write to the SSP if your FIR is not being registered.

If the FIR is still not lodged, file a private complaint.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Police complaint can be filed against your neighbour for criminal trespass under section 441 of IPC

2) Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.

3) if Police refuse to register FIR file private complaint before magistrate under section 156(3) of cr pc to direct Police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Yesit is indeed a civil dispute for which you can file civil suit for declaration and formandaotry injuncon.

No criminal case lies herein.

Howeevr if your neighbour demolished the part of the wall after forcefully entering into your proeprty then criminal case of trespass can be filed against you.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

If FIR is registered and Police are refusing to take action against officer complain to commissioner of Police against IO

2) both civil and criminal complaints are maintainable

3) High Court in exercise of its power under Article 226 of the Constitution of India can always issue appropriate directions at the instance of an aggrieved person if the High Court is convinced that the power of investigation has been exercised by an investigating officer mala fide. That power is to be exercised in the rarest of the rare case where a clear case of abuse of power and non-compliance with the provisions falling under Chapter XII of the Code is clearly made out requiring the interference of the High Cour

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Quote section 425- mischief

And section 268- public nuisance

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

File a criminal case under nuisance and for causing damage and trespass into your site if not by police can file private complaint in magistrate court

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

File A civil suit for injunction and also for damages caused.... secondly fIle police complaint for trespassing into your property...

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

offence of public nuisance, criminal trespass, mischief besides have been committed.

If the police has not registered the FIR the write to SSP; and if thereafter also no action is taken then file a complaint under section 156(3) before the magistrate

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

If FIR has been registered and police is not taking any action then file a writ under art 226 of the constitution of India for a direction for the police authorities to conduct the investigation in the time bound manner.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

You can lodge a criminal complaint for intimidation and other high handed activities and get the FIR registered.

This will make the neighbor to be more cautious and would restrain from indulging in such activities in future.

You may also file a civil damages suit due to his reckless activity.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

I want to take strict action against my neighbours DADAGIRI. I am going to write to higher authorities against the action taken by Police (As conveyed to me in DDR copy) Please guide me which section of IPC can I quote or what should I plead to higher authorities.

If the police are not responding or cooperating then you may approach the judicial magistrate court directly with a petition under section 156(3) cr.p.c. seeking direction to police to initiate proper legal action on the basis of the complaint pending before them.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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