Criminal writ (relating to sec 457crpc)

Adv. Umesh Chhangani (Querist) 31 January 2014 This query is : Resolved
Sir,

Chain snatching took place, My client lodged FIR regarding that, a Mangalsutra was stolen from my client.
This Cri Writ is filed for setting aside the Order of DJ rejecting the revision appln for Supratnama. Stating that the Gold ornaments recovered is in Melted form and is not been ascertained.
HC also asked me that how can you claimed that it is your?
Infact i have also annexed the purchase bill with my petition.

Please guide me how can I argue the matter that the Gold ornaments in melted form be
released back to my client?

Please give me some citations regarding that, if available.

Regards
U. L. Chhangani, Adv
9975022416

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Devajyoti Barman (Expert) 31 January 2014
In what form the stolen article is recovered?
If it is other form then the wight of the molten product would be presumed to be yours.
In absence of complaint of theft of other items you would be referred to claim the article.

Adv. Umesh Chhangani (Querist) 31 January 2014
It is in the form of ignot(Melted form)
in our purchase bill the weight of gold is 10.600 gms and recovered is 10.050 gms

Adv. Umesh Chhangani (Querist) 31 January 2014
Please give me some citations from SC
in which the custody was handed over to the petitioner.

Devajyoti Barman (Expert) 01 February 2014
Sorry friend,citations are not supplied here.

Rajendra K Goyal (Expert) 01 February 2014
Sir, citation not provided in this section.

ajay sethi (Expert) 01 February 2014
for citations search indian kanoon .com

Adv. Umesh Chhangani (Querist) 01 February 2014
I am searching, but never found that melted gold related judgements.

Advocate. Arunagiri (Expert) 01 February 2014
You have to prove your case, through the person, who melted that ornament.

T. Kalaiselvan, Advocate (Expert) 03 February 2014
The weight of the gold comes very close to your purchase hence you can argue on that basis.

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