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pl   28 November 2016

Urgent – blocking the street.

Sir,

In our street, neighbour and people from other street perform pooja by blocking the whole street, i.e. they put-up stage in middle of the street for three days. And they say they got permission from the police for this. Last time we had a quarrel with them regarding this. Now I want to make a police compliant so that they give access for the passerby and auto rickshaws instead of blocking the whole street.

All I want to know is

1) Can I arrange a lawyer for this i.e. making compliant and going to police station, because I won’t want to go to the police station.

2) Will the police take action in such cases. (they say they are having license but didn’t showed it)

3) Can a person get such license that is blocking the whole street for three days?

4) Most important question is can a lawyer handle the case without me going to the police station?



Learning

 4 Replies

Nischay Bin (Service)     28 November 2016

Hi 

The legal remedy available in  such a case is wrongful restraint u/s 339 of Indian Penal Code.

But in case they have a license for that purpose, then you cannot file a suit for wrongful restraint even.

Besides that they can get the defence under trifiling Acts u/s 95 of IPC

Resonableness has to be seen in such a case.

Regards 

Ashish Gupta

 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     28 November 2016

An interesting judgment of our Bombay High Court in Emperor v. Ramlala : "Where, therefore a driver of a bus makes his bus stand across a road in such a manner, as to prevent another bus coming from behind to proceed further, he is guilty of an offence under Sec. 341 of the Penal Code of wrongfully restraining the driver and passengers of another bus".
"It is absurd to say that because the driver and the passengers of the other bus could have got down from that bus and walked away in different directions, or even gone in that bus to different destinations, in reverse directions, there was therefore no wrongful restraint" is the judgment of our High Court which is applicable to our busmen who suddenly park the buses across the roads showing their protest on some issues.

jyotirmaya behera (advocate)     28 November 2016

as per the statement made by you.

You can file complain against them.

You can file one PIL regarding this issue and made the party who give the license to do so.  If the authority give permission that can be challenge in here.

 

 

JYOTIRMAYA PRASAD BEHERA

ADVOCATE, ORISSA HIGH COURT

9861819294

pl   29 November 2016

Sir,

My question is can a lawyer file compliant in police station on behalf of me?

Or Is it mandatory for me to go to the police station?

Some people say "a lawyer can handle it entirely, if I give authorization to the lawyer to act on behalf of me."

I am asking about filing compliant in police station not filing a case in court.

 

 


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