406 - wrong claims

Querist : Anonymous (Querist) 11 November 2011 This query is : Resolved
My wife has filed false complaint against me u/s 498a and 406. They are claiming they have given 20 tolas jewellery to me and have given me other house hold appliances.

In reality they haven't given me any. They have video recorded my house hold items and have submitted CD in the CAW claiming that they have given all those items. They don't have any bills to support their claims as i have purchased all those items from my pocket.

But I also don't have any bills for same as i purchased them from local market without bill. All above items except jewellery are in my possession.

Can they forcibly snatch these items purchased by me under recovery process. Thanks

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Ajay Bansal (Expert) 11 November 2011
Law is against you.The police can recover said items from you after giving you notice u/s 160 Cr.P.C.

M.Sheik Mohammed Ali (Expert) 11 November 2011
yes, i do agree expert query reply

Piyush Vaishnava (Expert) 11 November 2011
yes, i do agreed experts query reply

Nadeem Qureshi (Expert) 11 November 2011
Dear
if the complaint is registered through magistrate order and the court directed to police regarding this only then the police recovered the same but if the court not directed to police then no need to worry about it. section 160 is not applicable upon you if the court not directed to police. but if the case is registered through police then sec 160 may be applicable. feel free to call

Shonee Kapoor (Expert) 11 November 2011
I dealt with the situation as followed:

Before surrendering myself in court, I put all bills photocopy on each and every appliance. The photocopies contained the serial nos. of most items.

When police brought me for recovery, I told them, they are free to pick any item by preparing seizure memo, but I would oppose supardaari by opposite party. And all damages would be borne by them.

The opposite party spooked and they refused any of them being theirs.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Arun Kumar Bhagat (Expert) 13 November 2011
The Police can seize those items.

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