Return of property
BHARTI KOTHARI
(Querist) 17 April 2017
This query is : Resolved
theft has occured at my residence and gold ornaments were stolen afterwards all accused were arrested and gold seized from them and part of the ornament were returned when return of property application was made and some porton was kept for trial purpose. the accused subsequently got bail and since than absconded for almost 15 years and now even the case file become dormant. Can I ask for the balance gold ornament ? what objection prosecution can take ?
Dr J C Vashista
(Expert) 17 April 2017
What do you mean by stating "..some portion was kept for trial purpose...? Entire case property shall be handed over to the owner against superdarinama.
An academic question paper.
BHARTI KOTHARI
(Querist) 17 April 2017
sir since the part of gold ornaent were melted and sold and same has been recovered from the purchaser so since it could not be identified and also some ornament the court has kept for trial purpose now since last 15 years trial is stopped as accused are absconded and even I am become senior citizen. pls advice me.
Adv. Yogen Kakade
(Expert) 17 April 2017
The connection of this query with your other query creates different scene.
Mention full facts in one query.
Rajendra K Goyal
(Expert) 17 April 2017
Discuss in detail with local lawyer , show him full case file.
Ms.Usha Kapoor
(Expert) 18 April 2017
Mention full facts of the query.
Dr J C Vashista
(Expert) 18 April 2017
The ornaments kept in police custody are "case property" which shall be released to its owner/claimant as per law on finalisation of trial. However, move an application to the Court for its release on superdari.
In case the accused is declared absconder/PO s/he will be produced by police, which may take time and no one has control over the situation except the fact you can help the police in tracing/arrest of the absconder accused.
BHARTI KOTHARI
(Querist) 18 April 2017
sir but accused are not found since last 15 years and infact police seems to made no effort to trace them and even I am now senor citizen so cant i reeived back the ornament
Dr J C Vashista
(Expert) 18 April 2017
After 7 years of missing the person is presumed to be "dead", move to the court through your lawyer to abate the case and return the melted gold.
P. Venu
(Expert) 18 April 2017
Why so many queries?
