quesTheft and illegal possession property is it cognizable offence

Thankx 4 reply, I had 2 seperate issues.1st theft of goods. breaking into property, criminal trespassing n forcefully illegal possession of property are they all cognizable offence n second issues illegal construction. Vig report says my complaint illegal construction is true n 3floors were raised and local police report says no construction. Is vig report good enough to file a case in High court. wat is diff between suite n petition. can i file criminal case for false and frivlous report and damages suite on delhi police for not filing FIR within time frame as per supreme court

  • ansTheft, illegal entry and criminal trespass are cognizable offences against which either an FIR would lie or if the Police fails to register the FIR then a complaint under Section 156(3) CRPC read with Section 200 CRPC is to be filed.

    You cannot seek damages from Police by filing a case but yes a Petition if filed under Section 482 or a Criminal  Writ would lie against deliberate inaction of the Police.
    Suite is civil in nature and filed to primarily resolve inter-we issues by the Parties whereas in Petition the issues could be of public importance. Further, a petition may have to contain some specific agreements whereas in suit you just need to state facts.

    Coming to your issue, instead of going to High Court, file a criminal complaint and demonstrate the role of police.

     


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  • anstheft of goods, breaking in to property, criminal trespassing and forcefully illegal possession of property are cognizable offences depend upon the fact and circumstance of each case.
    secondly vigilance report is good peach of evidence i advice you to file civil suit for permanent injunction if property belong to private person and file criminal complaint if construction took place on government land.
    beside if police is not taking any steps advice you to forward your complaint to higher official ( DCP, COMM. OF POLICE) for taking appropriate action in the matter. thereafter you can complain to judicial magistrate under section 156(3) on basis of criminal complaint.

    Advocate Yogesh Kumar Vidyakar

      District Court, Dwarka, Delhi

  • ansHi,

    For theft and all you can file a complaint with the police and if the police is not registering the FIR then a case can be filed in the court for registration of FIR. For illegal construction, you can approach the Civil Court by filing a suit for injunction.

    Advocate Ankur Aggarwal

      Uday Park, Delhi

  • ansTheft, illegal entry and criminal trespass are cognizable offences against which either an FIR would lie or if the Police fails to register the FIR then a complaint under Section 156(3) CRPC read with Section 200 CRPC is to be filed. You cannot seek damages from Police by filing a case but yes a Petition if filed under Section 482 or a Criminal Writ would lie against deliberate inaction of the Police.
    Suite is civil in nature and filed to primarily resolve inter-we issues by the Parties whereas in Petition the issues could be of public importance. Further, a petition may have to contain some specific agreements whereas in suit you just need to state facts.

    Coming to your issue, instead of going to High Court, file a criminal complaint and demonstrate the role of police

    Advocate Kunal Sabharawal

      Panchsheel Enclave, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Criminal Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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