effect of non recovery of lotted articles in crl complaint

vinod bansal (Querist) 18 July 2009 This query is : Resolved
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I have filed a criminal complaint u/ss 395/452/323 IPC & 25/54/59 Arms Act,now case is fixed for consideration on summoning,i want to know as there is no recovery of arms & looted articles bcoz complaint was not sent to police for registration of FIR by the magistrate and magistrate ordered for recording of preliminary evidence than question of recovery is not arise,now i want to know whether court can summon the accused under section 395 and Arms act without recovery of arms & looted articles..its urgent bcoz case is fixed for 20-7-09 for arguments on summoning point.Thanx

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PALNITKAR V.V. (Expert) 18 July 2009
For summoning purpose, it is not essential that loot articles should be recovered. What is required is proof of incident. It happens on many occassions that loot articles are not recovered still, the prosecution goes on. The accused can be convicted also if the evidence is reliable.

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