Criminal action for wrong doing
sree 9491505984
(Querist) 10 March 2016
This query is : Resolved
Dear experts,
we have common passage of certain property which got divided through partition deed between me and my brother. My brother started construction including the passage by building plan approval from local authority by managing them. I have approached to civil court and got stay( not to do any construction ) in the common passage. but my brother an still not stoped his work. Then I approached the same court with contempt proceedure which is still pending. after few days my brother again trying to do construction. Please advise me that can I file any criminal proceedings against may brother ? if so under what act and section?
Advocate Kappil Cchandna
(Expert) 10 March 2016
Sir,
Better recourse is to approach the High Court and seek necessary directions against the approval plan if the same has been taken illegally.
Warm Regards
Kapil Chandna Advocate
9899011450
A. A. JOSE
(Expert) 10 March 2016
You may draw the attention of the court in the pending contempt proceedings about the breach committed by your brother. Apart from the legal ations, explore possibilities for a mutual settlement of the issues with your brother.
Gopal Verma Advocate-on-Record
(Expert) 14 March 2016
So far as the fresh criminal proceedings are concerned on the issue it looks to be difficult. however, you can apprise the factum of overreaching the stay order of your brother to the court and seek direction for the intervention of the police authorities. Even if you approach higher court these are the only remedies but since the matter is subjudice it is better to try at the same court.
