I am a resident of Sarita Vihar in New Delhi. I am living here on rent. There is a vegetable hawker who comes into our street daily for selling vegetables, and shouts at the top of his voice repeatedly. I asked him 2 days back not to create such a nuisance, and he apologized and said he would not do it in the future. Then he promptly started shouting again. After that he has been coming to our street everyday and shouting at the top his voice repeatedly. My question is, do I have the right in this case to register a complaint at our locality's police station. If yes, what are the relevant sections of the law in this regard?
Asked 2 years ago in Civil Law from New Delhi, Delhi
1. You have the right to lodge a police complaint against the public nuisance caused by the said hawker,
2. In your complaint, you won't have to mention sections of the Act,
3. Just lodge the complaint and police will put appropriate charges to suit your said complaint.
1) the vegetable vendor is not in your street throughout the day
2) vendor merely comes to your street for some time to sell vegetables
3) vendor had not encroached on footpath
4) police will not register any compliant against the vendor
The hawker is not squatting before your house and creating any nuisance by shouting loudly at the peak of his voice. He is into his business. Without shouting loudly he cannot reach his customers sitting deep inside the house hence there is nothing illegal about it nor he has been forbidden tom sell his products roaming in the streets. So you do not have any case against him, he hardly will be shouting for 5 minutes before your house, why dont you ignore it and look into other business whenever you hear him shouting for carrying out his business?
1. Police cannot stop him from entering the street and screaming. It is only the civil court which can order him to mend his ways.
2. You can seek an injunction against him from the civil court.
Mr. Ashish Davessar, please explain the meaning of injunction, and the process of seeking one from the civil court. I have read the laws regarding public nuisance, Sections 268 IPC and 133CrPC. Please explain which one of these two applies here, or will this be classified as a private nuisance, since no one else from my locality is objecting to the said nuisance. Also, I have read from the net that Sec 133 CrPC directs the executive magistrate to act only in cases of some urgency where there is danger to the public health or interest. Is this true, and will it have any bearing upon this case? Also kindly explain whether I have to approach the court directly or first file a report with the police who will then inform the court.
Asked 2 years ago
1) in your case there is no danger to public health or interest
2) the chances of police acting on your complaint are bleak
3) it is doubtful whether magistrate in exercise of his powers under section 133 Cr Pc take any action
4) you can move civil court if you desire for grant of stay restraining vendor from selling vegetables in your street and soliciting customers at top of his voice but you may not get any reliefs
1. Injunction in your case would imply a positive order from the court asking this man to restrain himself from making nuisance.
2. What you have read online is a far cry from how things actually pan out. Neither magistrate nor police can stop him from entering the locality to sell vegetables. The civil court alone can come to your rescue.
3. No police report can be filed in the first place. Go to court if you want to stop this.
You can better lodge a police complaint against the alleged nuisance, they will take care of this IPC and other provisions of law.
1. You should file a police complaint against the said public nuisance caused by the vgetable vendor,
2. No order will be passed barring his entry or conducting his business for his livelihood,
3. It is a simple matter and the police complaint with little follow up with police will solve your problem.