Legal Question in Criminal Law in Indiana
Criminal Writ Petititon under IPC-217 & Constitiution 32 /226
18months back, we had filed few complaints before The Registrar of CHS of Criminal Mis-Management of Society's Assets & Funds including Improper Transfer of flats by MC to themselves, of owners untraceable for more than 7 yrs. Based on clinching evidences Registrar ordered Inquiry, on payment of fees, which has remained dormant for more than 12 months.In the meantime due to further negligence & non-repairs & maintenance's of Assets it became from repairable grade to worst grade requiring massive repairs.
In the meantime, BMC observed the building appeared in inhabitable condition, Hence issued a threatening notice to repair quickly or they would launch prosecution & simultaneously do it and recover from those responsible. Unfortunately, the society managed that stage & ensured that BMC also remains dormant for more than 12 months. Now the Society knowing the consequences of Severe Punishment in collusion with the above public servants has decided to dispose of the property under the garb of repair expenses beyond common man's reach. Since these public servants have circumvented Section 217 of IPC, can we launch a Criminal Writ Petition & seek justice with actions & directions from the Honorable courts. Please guide.
5 Answers from Attorneys
Re: Criminal Writ Petititon under IPC-217 & Constitiution 32 /226
Yes if you are confident that you can prove illegalities and irregularities.
Re: Criminal Writ Petititon under IPC-217 & Constitiution 32 /226
First of all prove that something unlawful was done by the public servants and then you may file a criminal complaint.
Re: Criminal Writ Petititon under IPC-217 & Constitiution 32 /226
Yes, you can file Writ Petition with appropriate prayers.
Whether you would get necessary orders from the High Court depends on several things, including merits of the case.
Re: Criminal Writ Petititon under IPC-217 & Constitiution 32 /226
There no embargo on you to file complaint against Public Servant, but chances of success are very little. To file criminal complaint against public servant, sanction of higher authorities is also required.
The complaint will not bring any good to your case. The best way is to file petition in High Court, with appropriate prayers. You may consult your local advocate for the same.
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Re: Criminal Writ Petititon under IPC-217 & Constitiution 32 /226
unless and untill you have prove of connivance of public servants donot lodge criminal case against them.for rest,Consult with details.Professional charges are applicable.
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