Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Harpreet (Owner)     02 August 2016

Our articles taken away illegally during search warrants

During execution of search warrants yesterday by IO in 498a case for recovery of dowry articles, besides dowry articles, our articles were illegally taken away by girl & her relatives & no receiving for the articles taķen awsy by them was given to us. We were even made to pay for lodging & transportation charges by IO.

What shall be done by us to claim back our articles from girl?

Can we claim the money paid for lodging & transportation from IO or girl?

Please guide. Thank you.



Learning

 6 Replies

Nitish Banka (lawyer)     02 August 2016

Lodge a complaint against io in concerned department

Pawan S (Advocate)     02 August 2016

Have the police provided you the list of articles along with their signature that the wife claimed/taken?

If not, then inform this to the IO and get the list of articles they seized. This list is required in further proceedings.

Harpreet (Owner)     03 August 2016

Dear experts, thanks a lot for your replies.

No, IO didn't provide us original copy of list of articles signed by him. Moreover he only allowed husband, wife and a relative from wife's side to sign the list of articles recovered. No one from husband's side was allowed to sign the list. I just came to know that even "superdari" has been done to girl by IO in court.

Besides complaining against IO, what else can i do to get back our articles? Please guide.

Thanks.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     03 August 2016

In case the said search hass been coinducted in the violation of the law, file a suit for recovery u/s 7 and 8 of the specific releif aqct against the girl

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Pawan S (Advocate)     04 August 2016

406 is a cognizable bailable offense and the wife must produce a list of items that constitute her stridhan as part of the FIR.

However the onus is on the wife to prove her stridhan in the case of section 406 of IPC.

Does she own a proven list of assets included in her stridhan? How well can she prove this in court with evidence, is of importance in deciding any case.

 

I suggest you to

 

          1. Get the list of articles that got seized.

          2. Gather up the bills of all your articles that she claimed.

          3. Your lawyer can handle the case during trial and you can cooperate fully with him by providing him the complete information about the articles.

          4. You will get the articles once the case is settled.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 August 2016

It is dacoity. You should lodge a complaint against the Police Officers and Girl and her Relatives.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register