• Criminal acts

That a passage has been made illegally by mr. Outsider on my Land for passing small cars and taking advantage from it. And also Electric poll also pilled up . I did 144. after that I will do 107. do you tell me by which CrPC may force mr. outsider to jail ?
Asked 7 months ago in Property Law from Kolkata, West Bengal
Religion: Hindu
144 OR 107 CRPC Proceedings will not yield any result at all.
You require full fledged civil suit for declaration and injunction. That alone will give you desired results.
In parallel criminal proceeding for trespassing can also bi resorted to.
If you are from from Kolkata feel free to contact to get help on this.
Devajyoti Barman
Advocate, Kolkata
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File complaint of criminal trespass against neighbour under section 441 of IPC against accused 

2) Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”. 
Ajay Sethi
Advocate, Mumbai
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1488 Consultations
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No case of cheating is made out under section 420 of IPC 

2) it is case of criminal trespass 
Ajay Sethi
Advocate, Mumbai
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Section 452 i.e criminal trespass is applicable here, so file a criminal complaint under this section. You are free to demolish the passage made by him.
Ashish Davessar
Advocate, Jaipur
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507 Consultations
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420 has no applicability unless deceit has been practiced. 
Ashish Davessar
Advocate, Jaipur
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507 Consultations
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Since you are owner of the land you can use the land and request survey officer to carry out demarcation of your land 
Ajay Sethi
Advocate, Mumbai
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Of course you can as it is your land
Ashish Davessar
Advocate, Jaipur
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507 Consultations
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If the person has committed trespass then the anti trespass laws to be initiated against him and not this 144 or 107 cr.p.c.
T Kalaiselvan
Advocate, Vellore
17540 Answers
166 Consultations
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may 420 effect-able here ?


This is for cheating offence, and it shall not be applicable here.
T Kalaiselvan
Advocate, Vellore
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166 Consultations
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In between  Injunction or 144, or 441 or 452, may I use this land for measurement and pilled up  Landmark pillar 

You can get your property surveyed and also measured to make sure the encroachment or extent of trespass etc by applying for the same with the local revenue authority/land survey department 
T Kalaiselvan
Advocate, Vellore
17540 Answers
166 Consultations
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as  owner of the land you can use the land and request survey officer to carry out demarcation of your land
Ajay Sethi
Advocate, Mumbai
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1488 Consultations
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Certified record in my name, upto date tax of land done, I got this land from my father as warriors.

If you have all the supporting documents in yor favor you may proceed with the proposed criminal complaint against them and also the civil injunction suit simultaneously.
T Kalaiselvan
Advocate, Vellore
17540 Answers
166 Consultations
5.0 on 5.0
as owner of the land you can use the land and request survey officer to carry out demarcation of your land
Ajay Sethi
Advocate, Mumbai
27383 Answers
1488 Consultations
5.0 on 5.0

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