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 8 years ago in Civil Law
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 8 years ago