An unique query regarding a criminal complaint

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22 January 2009

Hi every one
plz help me in this matter facts of the case are as under:-
My friend started a zym(fitness club)in a rented premises,after some time there was a dispute in between my friend (Tenant)& his landlord regarding rent & upon this my friend filed a civil suit in civil court & succeeded in getting permanent injunction thereafter landlord approached sessions court by way of appeal against this order & their appeal was accepted than my friend approached to highcourt & filed a civil revision on dt. 16-10-2008 but landlord by the help of Supdt. of police forcibly & illegally kicked out my friend on 18-10-2008 (during the pendency of civil revision in highcourt but there was no any stay order in favour of my friend as the revision was in initial stage at that time) from the rented premises & the belongins/articles/exercise equipment,machines were looted by the men of the landlord now after refusal of police to iniate any legal action against accused i.e. landlord my friend have to filed a criminal complaint uss 395/323/452/506 etc. in CJM court & it is fixed for preliminary evidence in febrary 09 now problem is this,all looted articles/machines of my friend are lying in a secret place of landlord but my friend know that place,he wants to place it as evidence before magistrate,problem is that now magistrate is recording preliminary evidence of complaint (.e. my friend)what process my friend have to adopt to prove recovery of his looted items,is their any provision of local commissioner or receiver as in civil cases in crl friend wants to got recover his articles from the possession of landlord(accused of his crl complaint)police cannot help him as now the matter is pending in the court,now sole question is that how complanant can got recover his articles from the possession of landlord or place this fact as evidence before magistrate in his complaint..plz help its urgent

22 January 2009

You may apply to the court for search warrant u/s 94 of CrPC and get it executed in your presence. There is no provision of commissioner like in civil.

vinod bansal (Querist)
23 January 2009

Thanks Sir

A. A. JOSEOnline (Expert)
23 January 2009

The opinion of Mr.Palnitkar is fully endorsed.

Adv.Shine Thomas (Expert)
25 January 2009

The above opinion is correct

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