criminal trespass and restraint
TEJ NARAYAN RAO
(Querist) 27 January 2011
This query is : Resolved
My cousins fixed wooden posts in my courtyard a month back and started tethering cattle. On lodging a complaint, a revenue official made survey and submitted a report confirming criminal trespass to police authorities. Recently when my cousins started piling up cowdung in my courtyard, it was opposed and not only the cowdung piling but the wooden posts were also removed.
Cannot I lodge a complaint against my cousins for their acts of criminal trespass and wrongful restraint on the basis of revenue official's report though the trespass has been removed as of now?
Raj Kumar Makkad
(Expert) 27 January 2011
As the action of removal has already been performed without seeking help of legal machinery so you cant put your matter so forcefully now as you would have in case not removed the encroachment.
Parveen Kr. Aggarwal
(Expert) 27 January 2011
Once an offence is committed, it is punishable irrespective of subsequent acts.
You can still launch prosecution for criminal trespass and wrongful restraint. The evidence is available in the form of report of revenue officials.
H.M.Patnaik
(Expert) 28 January 2011
I will go with Mr. Parveen .
Amit Minocha
(Expert) 28 January 2011
if the offence had been committed, the offender cannot escape by reversing the act subsequently, subsequently only the complainant can compound it later on in some cases. you can still file.
Ajay Bansal
(Expert) 28 January 2011
Agreed with Parveen.
M V Gupta
(Expert) 29 January 2011
Why not u construct a compound wall or fencing around ur courtyard as per the Survey report to prevent tresspass by your cousins? If even after that they commit tresspass, then u may consider lodging a fresh complaint with the Police. But the Police may not take any action unless they feel breach of public peace. Hence u may have to file a suit for injunction in due course. The complaint lodged with the Police would be of help in obtaining injunction from the Court.
