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Recovery procedure

Querist : Anonymous (Querist) 20 September 2011 This query is : Resolved 
Dear Sir,
I do have certain questions regarding recovery proceedings in 498A/406 by police.

1) Is local police informed by I.O before carrying on with recovery proceedings?
2) Any documents are required or I.O at any time of the day/ anyday, all of a sudden starts recovery?
3) If no admit list is signed by husband. Still I.O has got power to pick up anything thing from the house and take away along?
4) Can the girl and her family enter the house without any orders and can start picking up anything?
5) plz explain the recovery process/proceeding completely and all the formalities related to it.
Raj Kumar Makkad (Expert) 20 September 2011
1). There is no legal necessity to do so but it is convenient for such IO to take help of local police.

2). He can do so without prior information to accused persons.

3). No. This is abuse of power.

4). Wife is empowered legally to pick up her Isridhan but if she has already taken the help of police by lodging her FIR then it is neither desirable nor tenable.

5). You confine to your problem and do not go in depth of whole procedures. If you want to get more information then better study Criminal Procedure Code.
M/s. Y-not legal services (Expert) 20 September 2011
Yes. Makkad sir finished that query. Am agree with him..
Shastri J.K. (Expert) 20 September 2011
I also agree with mr. Makkad ji.
prabhakar singh (Expert) 20 September 2011
i am in absolute agreement of Mr.Makkad.


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