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krunal (owner)     12 March 2020

Robbery done by cousin

Hello can you please help me.. My cousin is staying with my aunty for last 20 years as she don't have any legal heir as her caretaker. Now my aunty is admitted in hospital and she is suffering from clot in brain .I need emergency fund so aunty told me to sell her jewellery .when i asked my cousin for jewellery, her half of the jewellery worth 4 lakha is missing form her home.i.dont now what to do .I asked aunty about bill for jewellery as she is married in 70 and after uncle expired in 1990.she don't have any bill. I don't know what should I do . Can I file charged against my cousin for robbery. I don't feel she is trusted to stay in her house .I want her to go home but she refuse to go to her home and claim house . she want aunty house. The house is in my dad name and all accessories (fridge,tv,washing machine,)we have bought for aunty in emi and after my uncle expired we gave aunty to stay there . Can I register police compliant against my cousin.what can I do that she evacuate my house. Any help will be appreciated ? Kindly help me in this suitation.i am alone taking care of two family and aunty after uncle expired .I can't understand what should I do ?


Learning

 3 Replies

Palak Singh   02 April 2020

Hey,

The first point to remember is that only police can frame charges against anyone. Hence you can file a FIR. Any person can lodge a first Information Report (FIR). It is not necessary for him to be the victim or the injured or an eyewitness. It is not essential for a First Information Report to be true and hence it can be a hearsay and need not necessarily be given by the person who has firsthand knowledge of the facts. In the case of Habib v State of Bihar, the court stated the principle object of   FIR which was to set the criminal law in motion. Hence you can file an FIR in the police station, and from there on the police can conduct an investigation to ascertain who might have committed the crime. You can also inform the police about your suspicion on your cousin.

Hence to answer your question, it is recommended that you go on to file an FIR u/s154 of the Criminal Procedural Code.

Hope this answers your question!

Regards

Palak Singh

krunal (owner)     07 April 2020

Thank you so much palak singh for your reply.i will do once lockdown is been over .

Sudhir Kumar, Advocate (Advocate)     14 April 2020

How do you prove that:-

 

  1. How much jewwellery existed :
  2. how much jewellery you reocovered
  3. the remaining jewellery was iun custoryof accuased )or usurped by him)
  4. It is now you who got whole jwellery and usurped part of it.

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