Crpc. section 451 return of property

pratik (Querist) 15 August 2014 This query is : Resolved
1) stolen gold ornaments recovered by police from accuse. complainant (the owner of ornament) made application u/s 451 of Crpc.

A] But the complainant (the owner of ornament)has no receipt of the gold since it was gifted to her long back.
B] complainant (the owner of ornament) has file affidavit stating the fact.
C] Police and P.P. have given their NOC.
D] Recovered gold ornaments match with the ornaments in FIR.

can court reject the application mere becouse complainant (the owner of ornament) has no receipt of ornaments.
is there any citation/case law ?
please help

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Nitish Banka (Expert) 15 August 2014
Since police have no objection in returning the ornaments, court shall return the same to the complainant, no further inquiry is needed.

pratik (Querist) 15 August 2014
thank you Mr. Nitish,
is there any citation/case law to that effect ?
please help

Raj Kumar Makkad (Expert) 20 August 2014
Court shall definitely equire the proof of ownership without which it shall not return during the pendancy of the case.

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