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House Breaking

(Querist) 26 October 2009 This query is : Resolved 
In house breaking case whose signatures requiered on " panchnama"?

Signature of the owner of the house in which the House breaking is happened is requiered on "panchnama"?

Pls. Advice
Raj Kumar Makkad (Expert) 26 October 2009
It is not mandatory to have signature of the owner of the house wherein the house break had taken place on the Pachnama rather any person conversant with the facts/incident related with the house in any way, can sign his signature on Panchnama. This is part of police investigation.
Kiran Kumar (Expert) 26 October 2009
i agree with Mr. Makkad.
Adinath@Avinash Patil (Expert) 26 October 2009
RAJ IS CORRECT
Sachin Bhatia (Expert) 26 October 2009
agree with Mr.Raj
Ajay Kochar (Querist) 26 October 2009
Thanks for the reply.

If wrong information given in panchnama, for which owner is not agreed then what action owner can take. If the panchas are from the police side even they are neighbour then what owner can do?

Pls advice
adv. rajeev ( rajoo ) (Expert) 29 October 2009
It is the statment of the panchas who will be wittnesses at the time making panchanama of the place where the offence is committed. owner signature is not necessary.
mmn (Expert) 29 October 2009
if the panchnama is wrong then it will definetely benefit the accused. in that case u will have to move an application b4 the magistrate bringing the correct facts on record and alleging perfunctory investigation. or at the time when such panchnama is sought to b proved prosecution will have to cross examine such panchas with the permission of the court.


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