section 144 rules
2 years ago
I have done one 144 against my tenant, who is doing illegall construction on my premises. They have totally demolish their room and reconstructed again and forcefully occupied the other room of mine. I have a lot of things in that room which he has stolen. I have the photo that he illegally occupied the other room as well. Now i want to ask what will Investigation Officer will do?
will they ask the tenant to stop the construction? what is should i do with my missing things?
Police Station is not getting another GD for my missing things eventually that was stolen by the occupier tenant. Please guide me on this. How should i proceed?
You will have to take the recourse of other provisions to start an FIR against him so that police can investigate the stolen things open a case against him.
Simultaneous, you may look into filing a case for eviction as he has demolished the tenanted premises.
Hire a good lawyer for yourself and start preparing to file cases against him.
Yes, the tenant will be given the notice to stop any further construction if your suit is successful before the magistrate's court. S. 144 will help you to file in case of unlawful assembly but you will also need to lodge police complaints against your tenants for theft and private nuisance as per S.415 & 268. Alternatively, you can serve them with legal notice.
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Second GD cannot be raised but section 379 / 380 may be added to first GD and FIR will be issued. Approach Civil Court also and get him evicted.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Section 144 of the Criminal Procedure Code (CrPC) of 1973 authorises the Executive Magistrate of any state or territory to issue an order to prohibit the assembly of four or more people in an area. In addition to it you may also file a complaint of private nuisance u/S 268 IPC and theft of property u/S 378.
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Vaidehi Samant
Responded 2 years ago
Anyhow tenancy matters come under civil law therefore if matter does not end up here and you will have to file civil case in the concerned Court. Thank you.
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