criminal case filed by neighbour when went to stop illegal construction done criminal case filed by neighbour when went to stop illegal construction done

2 years ago

An illegal construction is going on beside my building for which i have filed a civil suit against my neighbour desoite of which he was constructing his building in wrong way without getting court's order, though the stay order given by court on the ground of my case has been expired.now when i went up to stop the work they used physical power and abusive words against me which led to grabbing of collar by both of us, but they have filed a false criminal case against me about hitting, using abusive words, violence and threatening .in the defence of which i have also filed a criminal case against them of doing violence and using slangs.
please advice me what to do next?
please

Anik

Responded 2 years ago

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A.Hello Sir
It is a case of counter FIRs. You could solve the issue amicably with your neighbours and get both the complaints quashed by the court. Under section 482 of CRPC you could approach the court praying for quashing of criminal complaint and FIR
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.In respect of the Civil Suit, it is extremely necessary on your part to submit through petition before the Ld. Court that disobeying the earlier Stay Order of the Court, the defendant is continuing the illegal construction so it is necessary to grant interim Order of Stay once again along with police help to stop the continuation of such illegal construction. Please take note that without any specific Order as aforesaid, the Police will unable to help you to stop such illegal construction.

The defendant is trying to divert your mind towards criminal cases but that illegal construction can only be stopped in the manner as aforesaid.
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Abhimanyu Shandilya

Responded 2 years ago

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A.If both of you have lodged complaint to the police against each other then in all likelihood the police is going to investigate the matter and if both are found guilty then it should resolve the issues within the police station without making two case for both of you.
But in case police find strong evidence against one then it might proceed further and file chargesheet in the court to start the trial.
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