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V Kumar (Manager)     22 November 2013

Constitutional rights

Hello All,

I want to better understand my rights under constitutional law.

I visited India from USA in Oct-2010. At that time one of my bag was stolen along with lot of valuables (approx. worth Rs. 6-7 lacs) in a train journey near Varanasi. We filed FIR.

Later on through some intense higher official pressure few items (worth like Rs.2-3 lacs) got recovered 15-18 months back. Since then my father has been visiting court on every hearing from Kanpur to Varanasi, but in spite of all documents and proofs in place the court is not giving us the items back. In fact recently I visited India from USA and visited Varanasi court from Kanpur in anticipation of collecting the items. But even then court did not give us the item back. Each time they give us some vague reasons like there is no release application, we need assurity before collecting items (like car papers, property documents, etc.). Moreover they are saying after you collect the items you have return to court with items on each hearing on case against the thief who had stolen the items. 

We literally feel harassed and frustrated. 

May I please request forum members to help how can I speed up the process. What all my legal rights are? What recourse I can take to collect the items promptly and avoid all hassles. Can I slap some sort of notice to the court?

Please advise.

Thanks in advance.



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     26 November 2013

On a petition to return of property you can claim your property but you may have to comply with the conditions laid down by the court, i.e., giving sufficient solvency to the value of the items because in case tomorrow if it turns about to be somebody else's property, how will the court be able to recover the same from you after giving the same to you and you have left the country?  Further, It is not necessary that you should be present before the court on each and every hearing, you can attend the court only when you have been summoned to appear before it to depose your evidence and for cross examination.  Ask your lawyer to represent your case in a proper manner as per the provisions of law, that will take care of rest of the things.


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