I live in an apartment building and some people forcibly closed common passageway of the apartment and constructed illegal shops with concrete structures. So, we filed a case under section Cr P C 133 – removal of obstruction from common passageway – and Section 107 or any other applicable section, in the city’s SDO court in FEBRUARY OF 2016 with all indisputable evidences ( along with sanctioned building map of the building from municipality that has common passageways).
Till now nothing has been done by the court and they have been giving one date after another for the last ONE AND A HALF YEAR!!!
We shall be tremendously grateful to you if you may please answer the following questions:
(1) Will the case turned to be civil instead of original criminal complaint, since one and a half year has passed?
(2) What should we do to ensure that this criminal suit gets justice and is not converted into a civil suit and bogged down by procedural delays?
(3) How do we make sure that criminals get justifiable punishment and are not let go by the bureaucracy / administration with a gentle slap on their wrists ? What is the amount of punishment of their criminal act ( under CrPC 133 ) ?
(4) The common passageways were used by apartment residents and other people to access main road on foot. Does Cr. P. C 133 apply here ? Does it fall under “public nuisance” ? What other sections are applicable ?
(5) What other measures can be taken to increase pressure on those criminals and speed up procedure ?
Thank you very much for your valuable time and May God Bless you !.
