What action can I take under Cr.pc for illegal trespass and parking of vehicles?

Question

In front of my place there is a narrow common passageof 10feet.As per my late Fathers WILL which is probated the common passage belongs to the four owners of the houses and is specifically stated in the said Will that the common passage is to be used only for "egress" and "ingress".But,my neighbour is treating the common passage as belonging to them.All visitors and their tenant are parking their vehicles before our houses and visiting them.The complaints lodged with the Police has no effect.Therefore,the only alternative I feel is to resort to prosecute them under the relevant provisions of the Cr.pc.Can anyone help me as to how I should proceed to take action as contemplated?

Answer 1

The very first question here that requires clarification is about the ownership of this common passage of 10 feet in front of your house, is it your property or part of your house property according to the Municipality records or this is just a common passage for public use to be used for egress & ingress for any one who want to visit any of the houses including yours surrounding this common passage. Don't tell me what all is written in your fathers will, law will see only if you have a legal ownership of that common passage in your name in the municipality records or not. If it happens to be for public use only & you don’t have legal ownership of such property then your complaint against criminal trespassing under section 447 of the Indian Penal Code made to the Police stands infractuous as you have no right to make such a complaint against any one for criminal trespassing on this property. Any complaint made under section 447 of IPC is a cognizable offence that a police officer is supposed to register it as FIR & file the charge sheet under this provision before the magistrate; even any one can directly file a complaint against such criminal trespassing directly to the magistrate under section 190 of the criminal procedure code. But all this is possible on the basis of the ownership of this property only, for public property there cannot be any complaint for criminal trespassing as section 441 IPC clearly states Criminal trespass:-Whoever enters into or upon property in
the possession of another with intent to commit an offence or to
intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully
remains there with intent thereby to intimidate, insult or annoy any
such person, or with intent to commit an offence,
is said to commit "criminal trespass". If you are a legal owner of such a property then only you can have possession of such a property not otherwise. If any person start saying that any path or road ahead of his house is in his possession then all Indians will be involved in such complaints under this provision of the penal code which is not so.