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What if police gives a notice under section 144(2) CrPC?


25-Dec-2023 (In Property Law)
My cousin stayed in his house about 40yrs. The property is 99yrs lease in his father. His two brother was not stayed that house since 40yrs. His father died in on about 33yrs. Due to poor condition of house..he needed emergency reconstruct the house. All the municipal tax also paid by him after his father dead. His two brother have house in their own name in another place. In between 40 yrs...no one bother the condition of said house. Now while my cousin reconstruct the house, suddenly police came and give him to a notice of u/s 144(2) crpc and order to stop the work.In that situation my cousin what to do?
Answers (3)

Answer #1
783 votes
May be the other brothers have filed a case under section 144 in that case the court passed a order direction upon the police personnel so they have raised objection.
The order under 144 id valid for 2months. U can wait till dat tym, or you can search the record and file objection in court

Answer #2
773 votes
You haven't mentioned who has done 144 against your cousin. Anyway you can go for an appeal to ADJ or prefer an appeal to the High Court and state what emergency condition the house is having and you can continue with your construction
Answer #3
965 votes
Police have file a case before executve magistrate in regard to the notice served to.You should appear in that court preferably by lawyer and file your objection for vacating the order.You may also file declatory suit before the civil court for title of adverse possession.consult with a competant lawyer deals with civil matters.

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