interim custody

This query is : Resolved 
 


Querist : Anonymous (Querist)
05 January 2011

sir my friend chain was snatched away by a thief. later he was caught by police. The thief purchased a vehicle by the amount came by selling his chain and committed other theft offences on the same vehicle. Police recovered the vehicle and told my friend to get it release it from court. He approached lawyer, he says my friend cannot claim that vehicle. Please let me know how to proceeed for claiming that vehicle and any legal citations on it. Please give me details how to approach in the court


Parveen Kr. Aggarwal (Expert)
05 January 2011

Your friend is not the registered owner of the vehicle and as such, cannot get it released from the court. However, in order to recover the price of the chain, your friend may file a civil suit for recovery against the thief wherein the court can attach any property of him including the said vehicle before judgment exercising its powers under Order 38, Rule 5 of the Code of Civil Procedure, 1908.

SANJAY GUPTA (Expert)
06 January 2011

agree with Mr.Parveen

Amit Minocha (Expert)
06 January 2011

Since the chain was stolen which has already been disposed off you cannot in a criminal case recover and seek custody of anything else out of the proceeds of chain as stated. You can only ask for maximum punishment to him from the Criminal Court. so far as recovery relief is concerned, file a civil recovery case and get attached the cash / security / assets till trial (motorcycle in the present case) under Order XXXVIII Rule 5 CPC

Ajay Bansal (Expert)
07 January 2011

Agreed with Paveen Kr. Aggarwal.



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