Search warrant

Querist : Anonymous (Querist) 12 April 2010 This query is : Resolved
Ld Counsels,

My wife while leaving the matrimonial home had taken jewellery belonging to me. She also filed and divorce. Now I want to file a police complaint for stealing my jewellery. If the polcie refuse to search her house, Can I go to court for obtaning search warrant.

Pls clarify. Thanks.

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Raj Kumar Makkad (Expert) 12 April 2010
It is necessary to institute a criminal case first. It may be done either by lodging a FIR or filing a criminal complaint before trial magistrate.

How do you think that the allegedly stolen jewelery might be lyin in the house of your in-laws waiting for the search warrants?

This is not the way. You shall have to establish beyond any reasonable doubt that those ornaments purely belonged to you and further that the same had been stolen by your wife. Generally no action/results come out of such litigation.