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TAMAL GHOSH   28 September 2021

Recovery of stridhan articles

Specimen copy of petition under section 94 of Criminal procedure code for issuing search warrant in connection with recovery of stridhan articles


 1 Replies

minakshi bindhani   28 September 2021

As per your concerned query!

Your query seems ambiguous. I am to provide a brief idea upon section 94 of Cr. PC.

Under Section of the Code of Criminal Procedure and the purpose for which the issuance of the search warrant was considered necessary under this Section was connected with the recovery of stolen property and not of any objectionable articles as specified in different Clauses of Sub-section (2) of section 94.

The term 'stolen property' is defined in section 410 of the Indian Penal Code. It is such property, the possession has been transferred by theft or by extortion or by robbery and such property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed.

The Supreme Court held that the issuance of a search warrant is a serious matter and it would be advisable not to dispose of the application for a search warrant in a mechanical manner or by laconic order and that issuance of the search warrant, being in the discretion of a Magistrate, it would be reasonable to expect of the Magistrate to give reasons which swayed the Magistrate's discretion in favour of granting the request.

In addition, it always relies on the circumstances of a case and the court's discretion. However, your facts are not duly stated. Thereupon, I am unable to provide a satisfactory answer to your query.

Hope it is understandable!

Regards
Minakshi Bindhani

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