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saipothula   11 April 2024

Trespassing criminal case

Hi

A person has trespassed and constructed a 10x10 ft structure in my 1 Acre land. When I tried to demolish, he sent me a legal notice claiming that my property belongs to him, using same fake documents.

I replied his notice and filed a law suit before a year, and the trail will start in couple of months.

Now, can I also file a criminal case on him under IPC 441/447, in parallel with currently running law suit? Is there any advantage in doing this?



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     11 April 2024

You should have lodged the criminal complaint before filing this civil suit, now it will not be entertained nor maintainable becasue the civil suit on the same subject is pending. 

saipothula   11 April 2024

Ok Sir, thanks for the reply. 

T. Kalaiselvan, Advocate (Advocate)     11 April 2024

You are welcome for your understanding 

Dr. J C Vashista (Advocate )     12 April 2024

Both the cases i.e., civil suit as well as complaint can be instituted for simultanous trial.

What is the opinion and advise of your lawyer who is well aware about facts and circumstances of the case, intelligent enough and duty bound to satisy your question(s).


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