I appreciate your response. I’m facing two separate issues. First, there was theft of goods, breaking into my property, criminal trespassing and forceful illegal possession of my property. Are all these considered cognizable offenses?
Secondly, there’s an issue of illegal construction. A vigilance report confirms the illegal construction of three additional floors, but the local police report claims no construction took place. Can I use the vigilance report to file a case in the High Court?
What is the difference between a suit and a petition? Can I file a criminal case for a false and frivolous report and a damage suit against the Delhi Police for not filing an FIR within the time frame set by the Supreme Court?
Best Answer
Yes, theft, breaking and entering, criminal trespassing, and forceful possession are all cognizable offenses under Indian law, allowing immediate arrest without warrant.
Regarding illegal construction, the vigilance report can be used to support your case, but filing a suit in the High Court may be premature; you should first exhaust remedies at the lower courts.
A suit is a civil case seeking redress for a legal wrong, while a petition is a request for a specific action or remedy. You can file a criminal case against the police for their inaction, and a damage suit for the financial harm caused by their negligence.
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