Section 420 case, restitution of seized property to the victim
Dr.Sai Murali
(Querist) 04 February 2012
This query is : Resolved
Friends, I am a victim of a cheating case and the matter was complained to police. With great efforts the police have arrested the absconder who turned out to be high flying scamster. He was never arrested before though many cases were pending against him.
He was arrested within a month of cheating and absconding from Nellore and cash, gold and jewellary he has taken from me has been seized and produced in the court. Now how do I get back my money from the court? Do I have to wait till the disposal of the case or is there any other recourse?
I want petion for return of property throgh my lawer the following way.
I would like to bring it to your kind notice that the Dr. Sai Murali is reputed eye specialist working in Bollinenei eye hospital & Research Center. His father is also a senior doctor and his wife is a dentist.
He is the victim and complainant in the case Crno:
FIR is enclosed as exhibit no1
The said T.Nageswar Rao alias Rama Krishna Reddy duped my client to the tune of Rs 5 Crores which he has taken in the pretext of buying a land and absconded overnight. Subsequently he was arrested and 1.7 crores of cash and 4kg of gold purchased with the money given by Dr.Sai Murali and gold ornaments and Silver articles given by Dr.Sai Murali and his wife was recovered. The accused himself has confessed and the investigative officer has also mentioned the same in the remand report and mahazarnama and seizure report.
These reports are enclosed as exhibits no 2,3,4,5.
The petioner prays the honorable judge to kindly restitute the property which belongs to him to protect him from from financial hardships and threatening bankruptcy.
The honorable Supreme court has observed that “The principle of restitution is an integral part of virtually every formal system of criminal justice. It holds that, whatever else Court does to punish its wrongdoers, it should also insure that to restore the victim to his or her prior state of well-being.”
The payment of restitution by perpetrators can mark the end of a financial nightmare for fraud victims. It not only serves to right a wrong, it often allows them to return to whatever level of financial security they enjoyed before the crime. The biggest dream for those who have suffered from financial crime is getting some money back, from the people who stole it from them.
As per your instructions we have tried to serve the notice to Mr.T.Nageswar Rao alias Rama Krishna Reddy who is in judicial custody and he refused to accept the summons. This fact has been endorsed by the Jailor. Notice has been served to the Public Prosecutor. His objection that the case is under investigation and accused has not been arrested is not teneable as the main accused has been arrested. And the investigative officer categorically stated in his remand report as to the ownership of the seized property and accused has confessed and is not opposing this petition.
Aa victim of crime my client suffer the loss of property in two ways: by theft and when property is seized and held by this court.
Honorable Supreme court has passed laws outlining procedures for the return of stolen or personal property seized for evidentiary purposes in subsequent criminal proceedings.
In most cases, property may be returned to its owner when it is no longer needed as evidence in a criminal prosecution. Since this often means the victim is deprived of his or her property for months or even years while the case is appealed or retried, we must have to impose specific time requirements for the return of property.
A number of courts have attempted to promote the prompt return of property needed as evidence by authorizing a photograph of the item to be served as evidence.
In this scenario where my client is financially well placed and respectful law abiding citizen of this country has means to furnish adequate sureties and also assures this court that he will produce the returned property as and when required during the course of trial or investigation.
For no fault of my client and being the victim he should not be punished by with holding the property for which he is the rightful owner and as such he should not be allowed to undergo the kind financial crisis he had suffered because of the fraudulent means of the accused.
Hence the honorable judge may be pleased to kindly order for the return of property and save him from his present misery.
Is this appropriate? Any suggestions are welcome. Any judgements in similar cases I would highly appreciate. I am willing to compensate for any help in this regard. You may contact me on 9848017009.Thanks & Regards Dr.Sai Murali
adv. rajeev ( rajoo )
(Expert) 04 February 2012
You have to file an application before the court to release of properties. Court can release the properties with a direction that to produce at the time of evidence for identification.
Devajyoti Barman
(Expert) 04 February 2012
This is 4th or 5th repeated query and hence should be avoided .
Raj Kumar Makkad
(Expert) 04 February 2012
repeated query and now we al seem victim of you.
M/s. Y-not legal services
(Expert) 04 February 2012
doctors may give door delivery service.. but advocates not allowed for that..
if you need our help mean just contact any of us..
-tom-
