Legal Question in Criminal Law in India

I have my Shop opening on public Place/Road. As such there is no footpath but only two steps attached before my shop. After climbing down from these two steps I get on the public place (around 5 feets before my shop) which also have one narrow road ahead attached to it.

Some adjacent shop owners and also the Building Society people forcefully parking their Motorbikes before my Shop and blocking the entrance so I and Customers walk around from other side and get on the steps from other side. Besides, it is very difficult for me to get my goods inside through Tempo/Truck. When requested to keep some space to enter the shop they fight with me even attacked me twice complaint given to local police (First Complaint through email and Second Complaint personally by receiving Stamp) and in one incidence it was danger to my life as a group of people threatened me with life saying come out of your shop we will show you then I had to call police help-line no. 100 the operator asked me to be there inside the shop till police reaches (audio recording available), then police came and rescued me. Then I submitted one more written complaint to police. After my first complaint through email when I reached police station to Submit hard copy they deed not received it but registered only NC under section 323, 504.

I want to know under what section this offence fells. Can IPC 339 (wrongful Restraint) along with IPC 340 (Wrongful Confinement) is applicable here ? Does, Clause 122 of the Motor Vehicles Act (1988) applicable here as road is norrow and in emergency, such parking will cause obstructions to Fire Fighting vehicles etc.

Also let me know, how I can get relief.

Note : Video Recording is available of the incidences


Asked on 11/03/20, 10:21 pm

2 Answers from Attorneys
Sunil Goel S.G. SOLICITORS

S.339, 340 IPC may not b applicale for the problem of encoachment by vehicles in front of your shop which you are facing.

Yes, Secton 122 of Motor Vehicle Act is attracted in your case.

You can ty to file your case under :

1. Section 431 IPC (mischief to pubic place/road making it less safe for travelling)

2. Section 268, 278, 279, 283, 287 IPC (Nuisance)

9810215488

If police does not register your case, you can file case in Magistrate's court under Section 190 CrPC and/or Section 156(3) CrPC.

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Answered on 11/06/20, 1:50 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

File a case of easement against the adjacent shop owner, building society and the state.

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Answered on 11/11/20, 11:18 pm


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