Rod 14 September 2015

Recovery of property

My phone was stolen from my house so I filed an FIR with the police station (IPC - S, 380). They successfully traced my phone within 15 days. Now I want to recover my phone and apparantly i have to move to court to get back my property. I have following questions:

1. Since I'm not engaging a lawyer and moving to court myself, I want to know which application to file and under which section of Cr.P.C.?

2. What is the court procedure followed in these type of cases?

3. I would be highly obliged if someone could post a sample of application to be filed.

4. Anything else I need to know.

Thank you. :)

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1 Replies

T. Kalaiselvan, Advocate (Advocate) 22 September 2015

You do not have to worry about the format of application or a sample application. You approach the police or the office of the court where the items is held, you will be guided by the police or the court staff to draft the application and the same will be put up before the judge, after verifying and confirming that the property belongs to you, the judge may order for return of the property to you.

There s no need to take the help of a lawyer for this, you can do it yourself provided you visit the concerned court in person and clarify the details of the procedures followed by them in this regard.