498A,406

Querist : Anonymous (Querist) 20 May 2010 This query is : Resolved
I have an 498A,406 against me and I have got a Anticipatory bail and FIR has sent to the Judicial magistrate. Now can the police conduct a search of my place? if they conduct a search do they have to have a search warrant? If search warrant is to be taken will the Judicial magistrate give us an oppurtunity to say our case before issuing the warrant?

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Devajyoti Barman (Expert) 20 May 2010
This is not exactly a search but the seizure of articles as alleged to misappropriated by the accused. Here the police will recover only what is available and if wrongly some article is seized which actually belongs to you then you could move the Magistrate for determination of its ownership and to estop it from getting delivered from the police custody.

Guest (Expert) 21 May 2010
YOU MAY KINDLY NOTE THAT .FIR IS FILED AND COMPLAINENT HAS MADE CERTAIN ALLEGATIONS .POLICE MAY TRY TO RECOVER THE SAID ARTICLES FROM THE ACCUSED.

YOU MAY KINDLY GO FOR PERFECT LEGAL REMEDY AND FILE A WRIT PETITION AT HIGH COURT UNDER PROVISIONS OF SEC.482 OF CRPC AND GET THE LOWER COURT CASE STAYED AND QUASHED FRO9M HC.
YOU MAY WRITE OR CALL FOR ANY FURTHER HELP
THANKS.

Uma parameswaran (Expert) 21 May 2010
Police can seize the articles as per the complaint.No search warrant needed.

vijay (Expert) 21 May 2010
compitant police officer can. you have no right to be heard.

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