IPS 452 serious offense or not if police not prosecute

Question

IPS 452 serious offense or not if police not prosecute

07-Jul-2025 (In Criminal Law)

complainant done police investigation of IPC 452 but not able to convert complaint to police case. complainant not dismiss false complaint. IPS 452 serious offense or not if police not prosecute case. If police not do police case, why judge not dismiss case.

Answers (3)

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 Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Criminal lawyers for your specific legal issue

Connect with a Lawyer

Comments by Users

No Comments! Be the first one to comment.

Recent Questions

criminal case cc case DETAILED ANSWER REQUIRED

BNS 351, CRIMINAL intimidation

sbi bank wrong transaction refund money 095-7040-3764

Road accident at night when pedestrian crossing the road

cc case 319 crpc detailed answer required interested answer

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Advocate Ishan Parashar LawRato · Accepted Answer · 2025-07-08T00:53:07+05:30

Answer #1

Yes, IPC 452 is a serious non-bailable, non- compoundable offence. Since the judge has discrimination to evaluate cases based on evidence and facts therefore at times when police don't register a case Judge can still proceed and take cognizance. In your case there must be some prima facie case made out because of which the judge has taken cognizance. It's advisable to share a copy of the complaint and other details to assist you better.

Helpful?

Adv. Ishan Parashar Adv. Ishan Parashar

Delhi | 200+ Answers

Chat CONTACT NOW

Advocate Adarsh Kumar LawRato · Accepted Answer · 2025-07-15T21:03:26+05:30

Answer #2

If the police did not find enough evidence under IPC 452 (house trespass), they may file a closure report. However, the complainant has a right to file a protest petition before the Magistrate. The judge does not dismiss such cases on their own unless due process is followed. IPC 452 is a serious offence, and if the FIR is registered, then only the court can decide whether to proceed or not after considering the police report and parties’ submissions.

Helpful?

Adv. Adarsh Kumar Adv. Adarsh Kumar

Delhi | 400+ Answers

Chat CONTACT NOW

LawRato LawRato · Accepted Answer · 2025-07-29T17:45:06+05:30

IPC 452 is actually considered a serious offence because it involves trespassing with preparation to cause harm, which can mean jail time of up to 7 years. Even if the police didn’t file a proper case or chargesheet, the judge can still continue with it as a private complaint. That’s why the case isn’t automatically thrown out—the complainant has the right to directly pursue it in court without police prosecution. What you can do: - file an application before the Magistrate to dismiss the complaint if there’s no evidence. - approach the High Court under Section 482 CrPC to quash the case as false and malicious.