Under section 451 of Cr.P.C.
rajendran
(Querist) 31 October 2010
This query is : Resolved
A steeld 15 soverign godl ornaments from B. B Lodged a complaint before the Concern jurisdication Police Station. After investigation a case has been regisered under section 379 and above said jewells are recovered from A in the form Gold Bisscuts. The Police official remanded said gold bisscuts before the Magistrate. B filed Petition under section 451of Cr.P.C. But the learned Magistrate refuse give said gold bisscuts and he insisted Counsel of B that B mentioned size and shape the jewells in the complaint but the police officials produced in the form of Bisscutts hence How the the court is return the Property to the B and he insited to produce any relavant citation for the same? Whether the decission taken by the Magistrate is correct or not? Is there any relavant citation for the same? what are the remedies are available for B? Kindly solve this problem.
Arvind Singh Chauhan
(Expert) 01 November 2010
Though description of article should match with the recovery memo. But I don't think that it is a ground for rejection of application under 451, if there is little discrepancy. If the all police documents reveals that, articles whatever they are belong to complainant. Court can give them to complainant's custody with heavy bonds and conditions. Revision may lie against the rejection order.
R.Ramachandran
(Expert) 01 November 2010
Dear Arvind,
Mr. Rajendran wants citations supporting his case.
