Section 188 of IPC read with Section 141 of CrPC
With due regards, it is submitted that I am being prosecuted under IPC 188 read with Section 141 of Cr.PC. The brief of case is under section 133 of Cr. PC I have received a notice for removal of nuisance by removing of sewerage tank from my property I had shown my inability to do so due to unavailability of land as the land was grabbed/encroached by the adjoining land owner and for the same the case is still pending in Revenue Court. The orders follows in favour of adjoining land owner which was challenged by me in District Court by way of revision petition but the same was also disposed off for the want of presence. Thereafter, SDM passed an order under I41 Cr. PC to local administration for removing the nuisance for which cost will be recovered from me. but, they have shown their en-ability to do so. The SDM under 141 Cr.PC issue orders to withheld the facility of sewerage, which have been challenged in High Court of HP and the matter was resolved by mediation and land was provided to me by adjoining land owner alongwith Rs. 10000 for construction of tank. Now, the SDM preferred a complaint before the CJM under Section 188 of IPC read with Section 141 of Cr.PC. Meanwhile the Hon'ble High COurt of HP has also passed directions to SDM to take into the consideration the final outcome of the case in Hon'ble High Court. Accordingly and application under Section 195 of cr.pc was made to district magistrate in this regard, but he did not take the cognizance of the same and matter is still pending before CJM. Please guide next course of action.
Asked 2 years ago in Criminal Law from Shimla, Himachal Pradesh
No need to worry, there is no disobedience by you so there is no case made out against you. all your activities were due to your legal right and nobody can restrain you to do that.
if there is any enquiry or investigation will be conduct then supply the mediation/compromise/settlement copy of the same as conducted before High Court.
Advocate, New Delhi
A statement u/s 313 was held wherein I have stated the all facts but the CJM has stated that there is no direction for me from High Court so I cannot do anything in this regard and I have to proceed this trail against you
Asked 2 years ago
you should contact over the phone or mail me all the documents to get best advice, after getting my detail from admin and after deposit the consultation fee.
Advocate, New Delhi
In the pending matter, file an application by attaching the order of the High Court and the other development which has taken place and pray for quashing of the said proceedings on the basis of the compromise effected and the order passed by the High Court. When you do, the court will examine all the documents and on the basis of the compromise will decide the matter on merits.
1) If the CJM is of the opinion that trial must be conducted, thou can either go through the trial and get an acquittal as there can not be an offence made out against you or approach the High court again to quash the case pending before the CJM.
2) It is unreasonable that merely because there is no direction from the high court trial must be conducted against you.
3) In the quash petition make allusion to the 313 statement and include a certified copy. This would help.
1. The CJM is right. Unless the order is passed by the High Court he has no option except to proceed in the trial against you.
2. If the DM has not taken cognizance of your application then you can move the High Court to issue binding directions to him.
1. the matter has already been settled and cause of dispute removed,
2. The case filed by the SDM u/s 188 of IPC read with Section 141 of Cr.PC has no leg to stand,
3. Engage a local lawyer to contest your case.
1. the matter was resolved as per the direction of the High Court,
2. Let the SDM Court conduct the trial which is surely going to be disposed of in your favour,
3. Engagae a local lawyer for this purpose.