procedure of filing & operating suit-sec 420 and 406 ipc
Querist :
Anonymous
(Querist) 30 May 2011
This query is : Resolved
Dear sir,
i have to file a case agst.my wife and her father for gold ornaments taken by them from my house excessive of FIR.
pls tell me in brief the process of filing case and operating till completion and what precautions i have to take care.
Thanks !
PALNITKAR V.V.
(Expert) 30 May 2011
Excessive of FIR means what? have you filed FIR about the same earlier?
Devajyoti Barman
(Expert) 30 May 2011
Filing and conducting the cases you have mentioned is a complicated job which requires expertise.
It is advisable to take help of a lawyer.
Querist :
Anonymous
(Querist) 30 May 2011
Dear All,
Thanks a lot to all of you,sir !
Ist- Excessive of FIR means that my wife claimed 250 GM Gold ornaments as stridhan in FIR u/s 498 A and almirah was taken to PS and key of almirah was in possession of wife. she unlocked and withdrew gold ornaments 325 GM and taken away from PS,having agreed to execute 'Rajeenama' but she after promising to come back,now did not come back and not returned the excess gold.
IInd-really seems to be complicated,pls advise me-should i file suit u/s 420 and 406 of IPC as my laywer has devised agst.my wife and her father.however 2 yrs lapsed,we have to condom delay too. My lawyer did not suggest me to do so earlier.I also expected her come back.is there any legal risk to me while doing so.
My wife filed div.pet.in april-09, 498A in june-09 and then 125 .there have been only me and my old father in my family since marriage till date.
Thanks !
yogesh
(Expert) 30 May 2011
File the FIR
AND FOR COMPLAINT BEFORE MM YOU MAY SEEK LAWYER
iF YOU WANT TO FILE IN PERSON
THE BRIEF FORMAT IS AS FOLLOWS:
IN THE METROPOLITIAN COURT OF SHRI______, YOUR DISTRICT NAME, LOCATION
YOUR NAME
S/O ADDRESS..............COMPLAINANT
VERSUS
NAME AND ADDRESSES OF ACCUSED......ACCUSED
APPLICATION UNDER SECTION 200 OF CRPC
tHE ABOVE NAMED COMPLAINANT MOST RESPECTFULLY SHOWETH
1 TELL ABOUT YOUR DETAILS AND DETAILS OF ACCUSED
2 RLATION SHIP WITH ACCUSED
3 BREIEF FACTS OF MATTER
4
5
RELIEF/PRAYER:
1 tO INVESTIGATE OR TO MAKE APPROPRAITE DIRECTIONS/ORDERS TO THE AREA DCP/ TO REGISTER UNDER PROVISONS OF LAW
2 ANY OTHER ORDERS/DIRECTIONS WHICH THIS COURT FIND IT SUITABLE/DEEMS FIT AND PROPER
YOUR SIGN
VERIFICATION CLAUSE
I, ABC S/O OF EFG HERBY SOLEMNLY STATE THE THE ABOVEMENTIONED CONTENTS STATED IN THE PARA 1 TO ___ ARE TRUE AND CORRECT AND NOTHING STATED IS FALSE
YOUR SIGN WITH DATE
ALSO ATTACH SUPPORTING AFFIDAVIT ATTESTED BY OATH COMMISSIONER
USE INDEX AS COVERPAGE
WITH CAPTIONED MATTER AS STATED ABOVE
FILE 3 SETS WITH FILE COVER TO YOUR REGISTRY AT MM/ DISTRICT COURT
THEY MAY GIVE YOU NUMBER AND YOU HAVE TO COME ON DATE WHERE YOUR CASE IS MENTIONED
IN BETWEEN POLICE MAY APPROACHED YOUR PREMISES
GOOD LUCK
