Recovery of Stolen Property

hari (Querist) 29 July 2011 This query is : Resolved
Dear Experts,
i would like to know, is recovery of stolen property in kind (gold and other valuables) is not a duty of SHO/Investigation officer of police, in our case an SHO directly told me that even though thief(within a week from date of theft) is caught we cannot insist for recovery, he says their duty is only to produce him in court and send to jail, then what about the property stolen?, what do the rules say about it. how we can get justice

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Advocate Rajkumarlaxman (Expert) 29 July 2011
Have the IO recovered during the investigation. any seizure of valuables has been stated in the FIR. if yes you can claim the ownership by producing the relevant docuemnts of the same and can get those back but if no seizure has taken place then on what basis have they arrested the so called theif.

Guest (Expert) 29 July 2011
file a petition before the superintendent of police or file a petition u/s 482 of Cr.P.C. before the high court for proper remedy