1. File a contempt petition in the Delhi HC; or move move an application under order 39 rule 2a.
2. Move an application for cancellation of bail.
Property matter and sc st act
Please mention specific sections where ever possible so that I may discuss with police and lawyer. Facts 1. My neighbour has encroached on my land and the matter is pending in Delhi High Court. 2. In the month of February, my neighbour attacked me and a case is pending against him under SC ST Act in the Court because grevious hurt was caused to me. He also damaged my property. 3. In the month of March I procured a stay order from the lower court so that he does not construct anything on my property. 4. In the month of May, he again broke my wall which is clearly contempt of court and a criminal case under SC ST ACT i.e. damaging a property. 5. When I approached the police at the time he was breaking my wall. the police officials refused to stop him and contented that matter is going on in the court and they would not do anything. As a result my neighbour broke the wall and the police officials allowed the illegal act of breaking the wall. 6. I moved to court and the court directed the police to take cognizance of the stay order. but for me to get the direction of court took 2 months and meanwhile my neighbour has completed what he wanted to do. Queries. 1. Since my neighbour again broke my property, the matter is clearly criminal and violated the SC ST Act again apart from being a contempt of court stay order. Can a fresh case be filed or should I inform the court in SC ST case about him breaking the wall and ask for strict action against the police for allowing the illegal act and against my neighbour for again damaging my wall. (please mention section and case) 2. My neighbour was given bail under notice under Section 44 (something sub section) wherein if he again does anything illegal then the bail be cancelled. Here my query is does breaking my wall and violating the stay order being a civil case be a cause for cancelling of his bail in the ST atrocity case as well. 3. the Police time and again are refusing to take action saying that the matter is in court and in this garb they are allowing all the illegal act to me and my property. what do i do to get the police officials work and protect my interest over property and person.
Asked 7 years ago in Criminal Law
Religion: Hindu
11 Answers
You should take out contempt of court proceedings against your neighbour as he has violated court orders with impunity
2) case is made out for cancellation of bail as he has committed offence of criminal trespass
3) obtain court ord rs to direct Police to act against neighbour of he violates court orders
hello
the matter is sub-judice. the courts have ordered status quo and until the final judgment neither of the parties can go ahead and claim what is disputed. now he broke the wall in violation of the court's order and the bail conditions.
therefore you should file a criminal contempt against that person in the HC for repeatedly violating the standing orders of the courts.
also, he is out on bail and bail is granted subject to certain conditions. he is in violation of the bail conditions.
therefore inform the public prosecutor and file an application for cancellation of bail immediately.
regards
Hello,
1. Yes you will have to approach the court again and seek direction for the police.
2. yes this amounts to misusing the liberty of the bail and hence after filing the contempt application before the court you may file an application for cancellation of the bail.
3. File a petition of mandamus under art 226 before the HC, saying that the police is not taking action and hence your right to life and personal liberty is being violated.
Regards
1. You can file a contempt of court case against him.
The SC ST act may not be maintainable because you have already approached court on this issue and obtained stay order.
2. You can seek action under contempt of court law.
You may have to move a separate application seeking to cancel bail for the reason that h is intentionally damaging your property for avenging you.
3. If the police are refusing to take the complaint registered then you may approach the higher police official for intervention and direction to local police in this regard.
1. Pendency of the matter in the court did not preclude the police from stopping him from violating the law and thereby commit an offence. The moment the order of temporary injunction was passed you should have sought the directions of the court to police to take cognizance of the stay order and enforce it.
2. It is also not clear to me as to how it took you 2 months to obtain necessary directions from the court after he started breaking the wall. Be that as it may, if the order of temporary injunction has been violated then it is civil contempt for which you have to initiate contempt proceedings against him.
3. The SC/ST court has no jurisdiction to punish for the contempt of the civil court.
4. There is sufficient cause now to cancel his bail. You file a fresh FIR against him and also move an application for cancellation of bail.
Thank you all for your guidance- 1. Is it legal for police to refuse action stating that the atrocity case is pending in the court? 2. What was the minimum duty of the police when the matter was informed to them in writing by my old parents, example making report, FIR etc. Please mention a few sections or cases so that I may go through them to get a better grip over the subject.
Asked 7 years ago
Police cannot refuse to take action in case offence of criminal trespass under section 441 of IPC has been committed
2) if Police refuse to take action on grounds of pending civil case file private complaint before magistrate under section 156(3) of cr pc to direct Police to investigate and submit report
1. The police will act on the basis of direction of court especially when there is already a case pending in this regard, hence you may better seek a direction from court to the police to take legal steps on the present situation as per provisions of law.
2. They can take cognizance of the offence if it is cognizable offence on the basis of the complaint.
Since the contempt of court option is a better choice before nothing prevents you to use that weapon first.
the police generally does nothing. this is the unofficial rule. you should have the complaint, a copy of the FIR, and other details to show that you did everything in your power but were helpless beyond that.
1 ...no it is illegal.
regards
Hi,
You may proceed for cancellation of bail and information to SC ST court and fresh case of contempt too. The police should have taken the cognizance of your report.
1. No
2. They must immediately lodge a complaint and do primary investigation