Return of stolen property.
Nirmal Kumar.S
(Querist) 11 November 2014
This query is : Resolved
Sir, Two months before 8-9-2014 two laptop were stolen from my hostel room, immediately we reported the police station and filed a complaint, after two days they register the FIR and give a copy to me and my friend. two days before one of our classmate got arrested regarding the theft and our laptop retrieved from him. Now he is remanded and laptop is in police station itself we go to police station and identify it yesterday. We really want to withdraw the case and get our laptop back but, according to law we can't withdraw the complaint that's what the police people said, but the exams are very near (18-11-14) and we people are badly in need of laptop. we are ready to help him also in any means. He to have to write the exam. Is there any out of court settlement possible to get laptop fast? The family of accused also ready for anything.Is it important to have an advocate for us? what are the possible way to get Laptop back fast and let him out of jail? we are students and not having so much money in hand so what can we do now? need an advice very fast.. please answer it if you need clarification please feel free to ask.
Devajyoti Barman
(Expert) 11 November 2014
You can submit affidavit stating your willingness not to proceed with it.
On this basis the police can submit Final report closing the case.
if not, then you can apply for quashing.
You in the meantime file petition in court raising your claim over the laptop whereby the court would ask for report from Police. Once it submit Report about your lawful ownership over the laptop you can get it back.
Meet a local lawyer.
Nirmal Kumar.S
(Querist) 11 November 2014
For submitting the affidavit do we need a lawyer? what is quashing? How much time will take for getting laptop if we submit affidavit? which will be the easy process? So we have to do the both process above said for getting our laptop back?
Sudhir Kumar, Advocate
(Expert) 12 November 2014
You can apply to the court to receive the laptop on superdari.
You may need advocate.
You do not need consent of the accused.
You will get the laptop and will be liable to bring the same to the court as long as trial goes on (which may even be after your course is over and you vacate the hostel)
Why you are now so sympathetic to the person who cause you so much misery. He stole laptop. He compelled you to go to thana.
Once you give such affidavit as discussed above then his family will drop you like pressed lemon and would no more be interested to help you. They will put their entire energy for getting FIR quashed by High Court.
So such affidavit if at all to be given should be drafted by your advocate and not their advocate who are now willing to do "anything", as you said.
They can invent many arguments to blame you for spoiling life of their ward.
Let his family apply for parole for examination.
V R SHROFF
(Expert) 12 November 2014
well advised by Shri Sudhirji, in detail, with Wisdom.
follow it.
Nirmal Kumar.S
(Querist) 12 November 2014
thank you Sudhir sir for your valuable time ... but what is superdari???
Sudhir Kumar, Advocate
(Expert) 13 November 2014
Any property sized from accused/witness/ complainant is case property (i.e. laptop in your case) and must remain in Malkhana till trial goes on. If accused wins the same is given to him and if he is convicted then it is given to rightful claimant,
Under Superdari you can be permitted to have the temporary custody (with no tile) of the laptop (which continues to be part of case property).
You can use the property during the case. But you have liability to bring it to the court on each date. You cannot sell or gift it to anyone. If during the trial it becomes unserviceable still you cannot give it in junk.
If you fail to produce this evidence a case under IPC can be registered against you.
You will be liable to restore it to the accused if he is acquitted.
Sudhir Kumar, Advocate
(Expert) 13 November 2014
is it the same case which is discussed on
http://www.lawyersclubindia.com/experts/How-to-get-back-a-stolen-item-which-was-recovered-by-the-police--507186.asp#.VGP6ZGeO5G1
Nirmal Kumar.S
(Querist) 13 November 2014
Thank you so much Sir... I dont knw about the above case I read it and feel like someone having same problem as me...
T. Kalaiselvan, Advocate
(Expert) 15 November 2014
