Recovery Suit against accused of theft after punishment
Manish Kumar Gupta
(Querist) 03 February 2010
This query is : Resolved
Dear All.
I need to know, if we can file any civil recovery suit, against any culprit/accused get punished for theft 379/380 IPC.
Please suggest.
Regards,
Manish
Devajyoti Barman
(Expert) 03 February 2010
Yes you can file suit for recovery of money.
B K Raghavendra Rao
(Expert) 03 February 2010
You cannot file a civil suit for recovery of money. The police could have recovered the money, in which case you will have a claim over the money at the magistrate's court for compensation. If the police could not recover the money from the thief, for his act he has been punished for theft. Even if you want to recover the money how will you recover it from a thief. It is not practicable. You would be wasting your money in legal process for which you cannot expect a success. Legally speaking, the thief has already undergone punishment for his act and he is not bound to return you the money.
Sukhija
(Expert) 03 February 2010
if an accused has got convicted for theft then the property recovered must have been proved. so the property is with court. apply for return of property in magistrate's court.
Sachin Bhatia
(Expert) 03 February 2010
Yes you can file recovery suit against the culprit/accused.
Raj Kumar Makkad
(Expert) 03 February 2010
I completely agree with Rao. No recovery suit is maintainable in the given case.
Arvind Singh Chauhan
(Expert) 03 February 2010
If you can! file suit for compensation against State. Otherwise it is waste of time and money.
Parveen Kr. Aggarwal
(Expert) 05 February 2010
Theft is a public (criminal offence) as well as private (civil)wrong and both are actionable. As per your query, the offender got punishment for the public wrong through prosecution under sections 379/380 of IPC. For private wrong (civil liability) also he is liable. If for any reason, the victim has not been able to get his property, he can certainly sue the wrongdoer for recovery of his property.
