Determined to get justice (Manager) 08 October 2012

Ab, search warrant etc

Pursuant to filing of FIR for false dowry and DV charges, we have applied for ABs for all family members. AB granted has condition that applicants cannot leave state withour prior permission of metropolitan Magistrate. This will be very detrimental to the careers of the family members who are working. Can we apply to get this condition relaxed?

Also, IO keeps saying they will come with search warrant to house. What does this entail? what all can they seize during the search? What all places can the search warrant cover?

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2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 08 October 2012

1. You can apply for modification of bail order or appeal against the bail order, the conditions in a bail order can't be onerous, arbitrary and freakish. Asking young people not to move out would be too much under the circumstances, if they otherwise have clean antecedents and it's just a dowry related offence. Rely on Manish Bhusin v. State of NCT of Delhi - 2009 SC for legal position.

2. Search Warrant when obtained by court may be for specific things/or a general warrant. In dowry cases it would only be with respect to the remaining articles of ISTRIDHAN, and not a general search for any article that may expose criminality. Police officer under certain circumstances and emergency conditions can also come without a search warrant (As per S.165 of the CrPC) but they would normally not).

Good Luck !

Bharat Chugh

Advocate Supreme Court of India

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Determined to get justice (Manager) 08 October 2012

Can the IO compel us to disclose details of bank accounts, lockers etc? (BTW, IO has told us that these onerous conditions are our "punishment" for applying for AB because according to him, we made a grave mistake by applying for AB as soon as FIR was registered!)