• Alcohol using near house - nuisance

Some drunkards consume alcohol near my house and make nuisance. Sometimes they threat me. Police did not comes even calling
Asked 6 years ago in Civil Law

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17 Answers

You should give a written complaint against them to the nearest police station.

If the police do not take any action and lodge FIR against the wrongdoers, petition under section 156 3 CrPC can be filed to a magistrate in order to get the FIR registered.

Alternatively, a private complaint under section 200 CrPC can be directly filed to the court.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Complain to area SP/commissioner. And call on 100 than area police have to come , still not come, again complain on 100.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Call police helpline 

 

file written complaint with local police station 

 

if no action is taken file RTI application as to what action has been taken on your complaint 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It is very easy to put such drunkards behind bars with a police complaint where police shall be bound to act, you need to lodge complain in writing, detailed discussions 

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

Dear Sir,

The following information may kindly be read:

How to File a Harassment Complaint Against a Neighbour

Yes, calling a police if your neighbor harasses you is an option to go with. You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them. And, when they will reach the spot you should be having sufficient proof to prove the harassment by neighbors.

Harassment Through Nuisance

You may be living in an apartment or in a duplex, often it happens, when you hear loud music sound from the neighbor’s house, you try to ignore that sound for as long as possible but sometimes, such noise may make life difficult. This type of nuisance is defined in Section 268 of the Indian Penal Act.

Section 268 of the Indian Penal Code defines nuisance when the person is guilty of a public nuisance when he does any act which causes injury, danger or annoyance to the public or the people in general who live or occupy the property in the neighborhood.

A common nuisance is not excused on the ground that it causes some convenience or advantage.

If this type of harassment is faced by you from your neighbor then, you can file an application under Section 268 of IPC in the court of magistrate.

Punishment of nuisance is defined in Section 290 of IPC, which is mere Rs. 200 but the court can do much more.

As a matter of fact, calling 100 is most effective as, after a visit or two from the police, such nuisance is likely to stop. In extreme cases, police may even confiscate the instruments that are used to cause nuisance like – loudspeakers or sound boxes, or drones, cameras or such other tools.

Sometimes, police does not intervene despite laws being there as they do not like extra work on their plate or because the other party is very influential. In such cases, you may need to take help of legal experts. Harassment Through Mischief

When you live in a duplex, you are sharing a common wall. If your neighbor starts construction in that common wall you do not have the right to stop him from constructing because it is his legal right but if during the construction work your property gets damaged, you can ask him to compensate for the loss suffered by you but if your neighbor refuses to pay you the amount then you can file a case under 

Section 425 of IPC which states that whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief.

You can file suit for declaration and mandatory injunction in a civil court as well.

You can claim damages in the same suit.

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You please call on 100 number and in case the police does not respond then take videos and photos of the said area and approach the SP of the said area and intimate him about the same. 

if nothing happens after all this then move to the HC to file a writ. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

make a complaint to police in writing if they don't accept send by post/mail, 

if police didn't help despite written complaint, move to higher officials of the police department,

if still not resolved move to court under section 156(3) CrPC and file complaint.

you can also make a recording of those drunkards to prove your version. 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You need to file a writ petition in the High Court to get the direction to the police in this regard and in case of nuisance created by the drunkards and there is any liquor shop applicable in that area that will get the notice as drinking outside the shop is not allowed by the law

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Sir file a police complaint against such person if the police fail to take step approach district collector and SP of district and file a written complaint to commissioner they shall direct local police to take steps.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can Complaint to seniors. Police will definitely come if you dial 100.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dial 100 and call the Police to ensure that these drunkards are caught in action. 

If the PCR doesn't comes to your aide when you dial 100, approach the local Police Station and report the matter to them. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Sir,

 

- You can complaint to Superintendent of Police of your area either in personal or by registered post.

- Incase no action taken by Police, you can complaint to Magistrate U/s 200 of CrPC to direct the police authority to act.

- Try to keep evidence so that your statement can not be denied when the police station incharge comes for investigation

- U/s 133 of CrPC (Public Nuisance), Magistrate can take the cognizance on such issues.(Conditional order for removal of nuisance.)

- Section 268 of the Indian Penal Code, defines public nuisance as “an act or illegal omission which causes any common injury, danger or annoyance, to the people in general who dwell, or occupy property, in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.”Simply speaking, public nuisance is an act affecting the public at large, or some considerable portion of it.

 

Regards

 

Vivek Arya

 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

A complaint must be filed against unknown persons before a magistrate and he will direct the police to investigate the matter and will pass appropriate orders.

A petition may also be filed in the hc and the hc shall issue appropriate orders.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If you believe that after reasonable time, police has not investigated your complaint, you can send complaint to superior officer under section 154(3) of Crpc or Magistrate under section 156(3) of Crpc to Magistrate.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Move a complaint through e-mail to the Police Commissioner with a copy to the SSP and CO, you will get the result. 

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

This menace is prevalent almost every part of the country especially this can be found in most of the thickly populated cities.

The police may be effective in some places and in some places they may be reluctant to initiate any action on such illegal activities owing to the persons' background who indulge in such activities.

You may have to be careful about giving a complaint also becasue you cannot expect police to give you protection from such anti social elements always, your life will be at peril if the police do not arrive at right time.

If the situation is intolerable then you may represent the matter before higher police officer than totally believing the local police alone.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that even after calling to the police being the authority to take action against these nuisance creator, they have not been turning up resulting a continuos nuisance for you.
  2. I would advice you to write a complaint to the SHO then to the Supritendent of police.
  3. If still no action then file a complaint case under section 156 (3) of Cr. P. C to register the FIR and take strict action against them as they are creating public nuisance and threatening also.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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