1) if Police are refusing to register FIR file complaint before magistrate under section 156(3) of cr pc to direct Police to investigate and submit report
I had filed a police complaint as my neighbour at my agricultural land has trespassed in my property and chopped down euculyptus trees . The property measurement was 1 acre and my neighbours was 2 acre 12 guntas. I was in posession of only 24 guntas out of 1 acre .I filed case for Remaining 16 guntas posession. The said property was in dispute from 1996 to 2017 . I have got orders in my favour for 1 acre from AC to high court. Now the police are not responding and they are claiming as the trees was planted by them and they can chop down . Please suggest what can be done next ??
1) if Police are refusing to register FIR file complaint before magistrate under section 156(3) of cr pc to direct Police to investigate and submit report
Hello,
If you have won the case in HC then you can file another writ in the HC thereupon seeking direction for the police to act in compliance of the said order.
Regards
Respected sir..
Just file a petition in the court stating the execution of decree of ...In thay court will direct the lae enforcing agencies to execute the court order ...If they prior try to cut those trees then just give a complaint to SDM for nuisance under section 133 of crpc ... Because as per me court will not order to them to cut those trees ...So you just have to file a simple complaint to SDM and a petition for execution of decree in court ..Your all problem will be solved ...
Thank you
Hello sir , you can directly file a criminal complaint in court .. Also file contempt of court against the offenders
Please clarify the order passed by the high court. If there is any positive order giving direction on the police or your neighbour then you can file contempt petition in high court seeking implementation of the said order.
1) You can inform police that they are doing or done trespass on your land show them all land record and mutation copy. And book your trespassers under Section 26(1)(a),(d),(e)
Section 26 in The Indian Forest Act, 1927
26. Acts prohibited in such forests.—
(1) Any person who— 26. Acts prohibited in such forests.—(1) Any person who—"
(a) makes any fresh clearing prohibited by section 5, or (a) makes any fresh clearing prohibited by section 5, or"
(d) trespasses or pastures cattle, or permits cattle to trespass; (d) trespasses or pastures cattle, or permits cattle to trespass;"
(e) causes any damage by negligence in felling any tree or cutting or dragging any timber; (e) causes any damage by negligence in felling any tree or cutting or dragging any timber;"
Hi
Take photographs of the chopped trees and debry and lodge complaint in writing with concerned Police under acknowledgement and request them to give their version in writing.
As stated above by you in your post.
If they deny, lodge complaint with the concerned higher ups and even if you do not get relief you may approach High Court for relief.
Good Luck
Here the possession is disputed in civil court. So the police could not interfere in civil matters. Best option is to file
1. File a writ petition for getting direction for the police to act in compliance of the previous High court order.
2. You can file complaint before magistrate under section 156(3) of crpc to direct Police to investigate and submit report immediately
Dear Sir,
It is semi civil case. At the most case for tress pass etc offence can booked under IPC. But normally police do not interfere when civil cases are pending. The option left to you is to file private complaint. More suggestion in person.
If you won the case that property of 1acr. belongs to you you can file for meanprofits of it and you can get it.
If the police is not cooperating you may make a representation before the higher police officer in this regard and if you dont get proper response from them too then you can approach judicial magistrate court with a petitioin under section 156(3) cr.p.c. seeking its direction to police to initiate proper legal action on the complaint pending before them.
You can file a recovery of damages suit against them in the civil court also.
Before that can you tell that whop planted those trees, whether you or they?
You ascertain the maintainability of the lgal actions proposed to be taken on them.