The best remedy is to file a private complaint in the court of Magistrate for making atmosphere anxious to health. The offence is non cognizable and bailable punishable with fine of Rs. 500. It is not the fine amount that is important but she will be called in Court and made to stand in the accused box and name will be noted in police record. Take photographs/videos of her act. You can also file a civil suit for public nuisance but it has to file by Advocate-General or two or more persons. There for you are advised to file criminal complaint
Legal remedies to stop lady from burning garbage in front of our house
There is very-small (10x15 ft) open plot adjoining in front of my house at the EXIT GATE (of my house). Every morning, My neighbour lady brings from her home – the garbage, Kooda, plastic bags etc. and put these on FIRE in this plot which is in front of my house. The FOUL SMOKE enters our house and disturbs us. My mother s a serious heart patient and had an open-heart surgery few years back (we have all medical record) and this foul smoke every morning makes her uncomfortable. When we ask this lady to NOT to burn plastics etc in this open plot (which belongs to her family), she argues that she is the owner of this open plot and she has right to do any activity there. She also abuses very rudely with heated arguments when we objects to her burning of garbage – at front of our house. Actually she deliberately does this activity of burning garbage as she do not have good relations with us. Her intention is to make our life difficult. I want all possible legal remedies in order to stop her from burning this garbage in front of our house. Kindly help me in this regard. I want to know: 1. What are the relevant CPC and CrPC provisions in this regard to – Stop this lady to burn garbage/plasctic in front of our house and in our society. 2. What action can POLICE take against her and in under which Sections of Penal Code and for violation of which ACTS/LAWS? 3. What action can and SDM/DC take and under which legal provisions? 4. What is the Best legal way to take action against her for abusing and misbehaving us? 5. How to stop this lady from burning moods/garbage daily in front of our house?? 6. If police do not take any strict action against her, then what to do? What type of case can filed in COURT for violation of WHICH laws?
Asked 4 years ago in Criminal Law
Religion: Hindu
7 Answers
Under section 133 of the CRPC file an application before the SDM. He has to take action.
Police and the administration will take action if she doesn't mend her ways.
In case the police do not respond and take any action then file a petition in the high court.
Issue legal notice to lady not ti burn plastic garbage in front of your house
2) if she refuses file private complaint before magistrate under section 133 cr pc
3) object of section 133 cr pc is to ensure that the public is protected from the inconvenience of a public nuisance.
1. You may make a complaint with the local civic body and the police for this civil nuisance.
2. You give a complaint to the police about this nuisance, the police will take action as per law based on the contents of your complaint, the law and the sections are the problems of the police.
3. Without giving a complaint how can you ask what action the authorities will take on this, you make a proper complaint with your grievances over the acts done by your neighbor, the authorities will take action as per law if at all there is any action to be taken on this.
4. For abuses and threats only a criminal complaint with the police would be maintainable.
5. Read the above answers.
6. This comes under civil nuisance, if the police do not take action on this then you n file a private criminal complaint before judicial magistrate court seeking direction to the concerned police take proper legal action on yor complaint, under section 156 (3) cr.p.c.
1. Serve a lawyer's notice to her to demand that she must stop putting garbage in front of your house.
2. If she still does not mend her ways then file a suit for permanent injunction in the civil court.
3. This is the tort of nuisance, for which there is no specific law.
Dear Sir,
1. the relevant provisions under IPC is S-268 to 294 deals with Public nuisance and in CrPC S 133 deals with Public nuisance and under CPC s-91 deals with the removal of public nuisance
2. you can file an application before the Police and such report is forwarded to the Magistrate would pass an order for removal of the nuisance
3. under s-133 Crpc the SDM or DC under S-91 can order to remove the nuisance
4. You can file a police complaint about the urgent removal of nuisance, the police will try to settle this amicably but if the problem still continues, it will forward a report to the Magistrate
5. You can file a case before the Magistrate seeking injunction.
Thank You
1. Yes, you can lodge your compliant under section 268 of IPC for the offence of nuisance against her act which causes injury, danger to the public or the people in general who live or occupy the property in the neighborhood.
2. If you file a compliant against her , then police can take legal action against her
3. You can also send your compliant before SDM under section 133 of Criminal Procedure Code as well.
4. Lodge a compliant against her
5. As above
6. You can file a compliant before magistrate
