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What to do when the police is not filing FIR in terrace trespass case


04-Sep-2023 (In Civil Law)
I constructed one room at my rear courtyard (Ground Floor). The room is authorized & terrace rights are with me as per civic agency circular & High Court Decision for one of similar case of our colony. Still First Floor owner has opened one door to enter upon our terrace, use to keep their house hold items and does allow us or our hired labour for maintenance work / water tank cleaning etc. Police is not registering FIR and advising us to move court. What is police role in such cases? should I move to civic agency and then to court or directly to court? Shall I involve social media for fast action, any risk?
Answers (3)

Answer #1
907 votes
You can file an application under Section 156 (3) in the appropriate court. If such an application under Section 156 (3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made
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Answer #2
979 votes
sir , if police not registering your FIR or not responding to your justified problem, than in this situation you can approach to the court of Ld Metropolitan magistrate with a complaint under section 156 (3) crpc with a reasonable justification.
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Answer #3
989 votes
the first step is to file a written application to the police / concerned authorities. if there is no response from the said agency. then you have a option to approach the higher appropriate authority. if all else fails then approach the Hon'ble court by explaining in detail your case.
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