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Private complaint u/s 268 of ipc

(Querist) 10 June 2015 This query is : Resolved 
Can we file a Private complaint for public nuisance? Will the court admit such complaints? Lawyer provided me the draft with title "PRIVATE COMPLAINT FILED UNDER SECTION 200 OF CRIMINAL PROCEDURE CODE R/W SECTION 190(1) OF CRIMINAL PROCEDURE CODE FOR THE OFFENCE U/S 268 OF INDIAN PENAL CODE"
SAINATH DEVALLA (Expert) 10 June 2015
Can U elaborate briefly what actually is the nuisance case.
Naresh emulakonda (Querist) 10 June 2015
It is the nuisance created by the toddy shop through drunkards. The drunkards inhabit the premises of the residents and create a lot of mess by which life of the residents is set into danger
J K Agrawal (Expert) 10 June 2015
Trust upon your advocate. he is on right way.
SAINATH DEVALLA (Expert) 10 June 2015
U alone cannot do anything,if U do so U will land up in various problems.It is not just UR problem,but to the locality at large.The entire locality has to assemble together and sort out an action plan for shifting the toddy shop.

THIS WHAT HAPPENED IN KANNUR KERALA A COUPLE OF YEARS BACK:

Stir by locals against toddy shop continues:

People's protest:Local residents staging a sit-in near the District Collector's residence in Kannur on Tuesday seeking steps to relocate a toddy shop from a residential area in South Bazaar.
People's protest:Local residents staging a sit-in near the District Collector's residence in Kannur on Tuesday seeking steps to relocate a toddy shop from a residential area in South Bazaar.
Special Correspondent

Action council says it will intensify agitation

KANNUR: The ongoing agitation by local residents against a toddy shop continued with protestors laying siege to the newly shifted toddy shop over the past 28 days.

The agitating residents at South Bazaar in the town demanded closure of the toddy shop which was shifted to the present spot from another place on March 22. The agitation was continuing as efforts to find a settlement to the issue did not yield results so far. Local action committee spearheading the agitation said it would strengthen the protest in the absence of efforts by the district administration to find a solution to its demand that the toddy shop be shifted from the residential area.

Meanwhile, a novel hartal was observed in the South Bazaar area to protest against the toddy shop. The hartal called by the Manushyavakasha Samrakshana Samithi in solidarity with the residents' agitation was noted for its difference from usual hartals.

The samithi called it ‘free hartal' as hartal supporters invited the residents and shopkeepers in the area to join the protest by displaying black flags and placards in front of their houses and shops.

The protesting residents backed by some organisations also took out a march to the camp office of District Collector V.K. Balakrishnan in the evening to air their protest against the delay in solving the problem.

B. Mohammed Ahamed, K. Chandrababu and Pallipram Prasannan were among those present at the protest march organised by the action committee. The protestors were stopped by the police on the road to the camp office.

Action committee convener and municipal councillor M. Prashanth Babu said the committee would strengthen the agitation in the coming days.

Steps were under way to involve intellectuals and cultural activists from different parts of the State in the agitation, he said adding that the committee would also start squad work to mobilise more supporters for the agitation.
Rajendra K Goyal (Expert) 11 June 2015
May proceed as advised by your lawyer.
SAINATH DEVALLA (Expert) 11 June 2015
Don't venture all alone,educate the residents.Only if they come with U then proceed.Engage a good and a competent lawyer.


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