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Anand Bala (Project management expert)     16 March 2020

Offences under ipc

Hon’ble Court pleased to pass the Judgment and decree on December 11th 2017 in an Injunction suit clearly stipulating that the Defence Estate Officer(DEO), T & AP Circle & General Officer in Command (GOC) Telangana & Andhra Sub Area Bollaram, their men, agents, labourers, representative or any other person or persons claiming through them not to interfere with the peaceful possession and enjoyment of the Suit property. Despite of the Permanent Injunction Order against them, the Defence Personnel have with their wanton, deliberate and premeditated illegal and criminal intent trespassed into the Suit property during the night hours of May 29th 2018 like a petty thief and removed the fence, gate, notice board, fencing posts etc. (criminal offences under Section 378, 424, 441 &425 of IPC). An Execution Petition was filed on June 14th 2018 as the Defence Personnel have wilfully failed to obey the Permanent Injunction Order of the Hon’ble Court and therefore the Decree may be enforced by their detention in the prison in accordance with Order 21 Rule 32 (1) and the damage occasioned by the criminal offences supra is made good under Order 21 Rule 32 (5) of the CPC. An Interim Order was passed by the court to re-erect the fence at the cost of Army & the same was completed by giving appropriate notice to army. Defence Personnel once again removed the re-erected fence on December 21st 2018. Matter was reported to the court. Court proceedings are in progress. Meanwhile, defence Personnel erected a Compost machine in the suit property and bringing in 100 kg of food waste in to the suit property. Therefore, my question to our learned members to advise me whether I can file a criminal case against Defence Personnel under IPC Sections (stated above) and a prayer to order police to investigate & submit their FIR for necessary punishment and at the same time use that FIR as an evidence in the civil court. Your help in this regard is very much appreciated. Best regards Anand Bala


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