Fir u/s 156/3 not ordered by court
Rakesh Kumar
(Querist) 27 September 2013
This query is : Resolved
Case Details:-
Mother had filed Sec 156/3 application against wife, her father & paramour as our pushtaini family ornaments worth millions were not returned by wife taken only for wearing in her sisters's wedding. Due to her doubtful conduct mother earlier disagreed for giving same to her. But after wife insisted & gave signed undertaking letter with all ornament details that she will return them after her sister's wedding, mother gave ornaments to her. But She didn't returned same on one pretext or other. Later we came to know her relationship with paramour when she was caught red handed & i filed divorce case. Mother two times gave Police report against above to SHO/PI but they only gave do not operate locker letter to bank manager of bank in which ornaments were stored by wife & her father in joint name as per sec 102. Now when the inquiry got over the PI didn't do FIR & is about to withdraw the do not operate instructions given to bank manager. We also gave letter to DCP for same but no action was taken. We also have purchase bills of the ornaments. So we did 156/3, but court didn't ordered FIR. Court has ordered police to do only enquiry. Our main concern is that if police withdraws the letter given to bank as FIR is not ordered by court, wife & paramour will run away with all our family ornaments & then nothing would be left to do as they may simply deny everything & later there will be no record about what was in locker as police has not done any panchnama of locker. Please suggest suitable immediate remedy we can get either from Police or Court before they run away with our material.
Raj Kumar Makkad
(Expert) 27 September 2013
In the given facts, you need to file a civil suit for recovery and file an application under Order 38 Rule 5 read with section 151 of CPC seeking attachment of the locker. This can be done simultaneously with the criminal proceeding you are already initiating.
Sarvesh Kumar Sharma Advocate
(Expert) 28 September 2013
File a complaint case before the concern court , record your statement u/s-200 cr.p.c and yr witness u/s-202, file all evidences at this stage and then submission to court for summon the accused
Sarvesh Kumar Sharma Advocate
(Expert) 28 September 2013
File a complaint case before the concern court , record your statement u/s-200 cr.p.c and yr witness u/s-202, file all evidences at this stage and then submission to court for summon the accused
Rajendra K Goyal
(Expert) 28 September 2013
Well advised by the experts, nothing more to add.
Rakesh Kumar
(Querist) 28 September 2013
Learned Experts,
Kindly note PI is about to withdraw the do not operate instruction given to locker bank manager as his inquiry is over. Now if I do above advised applications can this immediately restrain the PI from withdrawing his earlier given letter. Also advise if an application of Sec 102 can be of any help.
Many Thanks
Rakesh
Rakesh Kumar
(Querist) 28 September 2013
Learned Experts,
Kindly note PI is about to withdraw the do not operate instruction given to locker bank manager as his inquiry is over. Now if I do above advised applications can this immediately restrain the PI from withdrawing his earlier given letter. Also advise if an application of Sec 102 can be of any help.
Many Thanks
Rakesh
Rakesh Kumar
(Querist) 28 September 2013
Learned Experts,
Kindly note PI is about to withdraw the do not operate instruction given to locker bank manager as his inquiry is over. Now if I do above advised applications can this immediately restrain the PI from withdrawing his earlier given letter. Also advise if an application of Sec 102 can be of any help.
Many Thanks
Rakesh
V R SHROFF
(Expert) 28 September 2013
Well advised by the experts,
Nadeem Qureshi
(Expert) 28 September 2013
nothing left to add, it will be better to contact a lawyer personally with all the documents, you can easily bear consultation fee of a lawyer
