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FIR not taking

Querist : Anonymous (Querist) 22 January 2018 This query is : Resolved 
Dear Experts,

My wife and Inlaws came to my home in my absence and took the my certificates & passport. When I approach her, she directly refuge to give.(demanding for divorce )

Police not taking case ( saying it's not theft ) even I approach DCP of my town, but no result.

My friends advising to file private case.

Note: Is it correct way to get my belongings and how many days it will take to file petition in court.

Vijay Raj Mahajan (Expert) 22 January 2018
You file written complaint in the court of Judicial Magistrate Class 1 against your wife and in laws for theft of various important documents like your certificates and Passport.
The Passport is not your property as you are just holder of the passport, and it is the property of Government of India. The Magistrate on your complaint will direct the Police to register FIR against these people.
At one time removing your certificate by your wife can be excused but the property of government of India, namely your passport will not be excused. If the Police authorities of your localities not having the knowledge of law than court/judicary is there to deal with them.
SHIRISH PAWAR, 7738990900 (Expert) 22 January 2018
Your documents are your property so you can file police complaint or private complaint in court against your wife and your in laws.
Querist : Anonymous (Querist) 22 January 2018
Thx for advice....by d way how many days it will take to file private complaint in court??
ashok kumar singh (Expert) 23 January 2018
u may file private complaint case under Section 200 of the Criminal Procedure Code' 1973, with the petition for search warrant on the police under Section 94 of the Criminal Procedure Code' 1973, before the Learned Chief Judicial Magistrate, of the locale jurisdiction.
it will take single day i.e. the date on which application placed, before the Learned Judicial Magistrate.
Querist : Anonymous (Querist) 23 January 2018
Thx for valuable advice
Sudhir Kumar, Advocate (Expert) 23 January 2018
But how /why dis this happen. How things went so sour.

Why do not you agree for divorce?


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