how to get back my Computer Hard-Disk taken by poilce in 498a,406, 420 CASES
Querist :
Anonymous
(Querist) 18 July 2011
This query is : Resolved
Wife filed the following cases on me 498a,406 and 420 just 1 month back.
She has given FIR that i have lot of Blue films, and abusive or adult chats and emails, lot of girl frneds pics in my Hard Disk.
Police caught me while i was in some funeral function and kept me in jail.
parallely the police taken my flat keys and went to my flat with my wife and her parents and taken aways my hard disk and all her belongings including my marriage gifts. they had taken the signature of the Appartment's secretary as evidence.
Now what to do? How to get my harddisk back. as i have lot of my office related files and other income tax related documents in it.
Would i get it finally or not? if so whats the way to get it soon?
Respected Lawyers, Please help me on this.
Govind
(Expert) 18 July 2011
As per your statement, your wife complain against you under section 49a, 406 and 420, which belongs to harassment, breach of trust and cheat.
In it, no where criminal section against you for keeping blue or abusive films or anything else.
So, you can get your hard disk back on superdari. (but must be aware of fact that in police record your hard disk shown as recover)
Querist :
Anonymous
(Querist) 18 July 2011
In the remand copy by the Investigation officer (i.e., S.I of police station) written that hard disk is recovered from the accused as per the request of the complainant. Also they have a writtne punchanama in which it is reflected. All these documents i never aware of. Because I am never been to police station or court or any accused of such criminal activities.
THANKACHAN V P
(Expert) 18 July 2011
You may not get the hard disk back as the case pending before the court . But you can apply before the court to get copy of the relevant files of your office work and IT related documents.
Querist :
Anonymous
(Querist) 19 July 2011
oh!.
But can i give them whatever the files they wanted by a 8GB USB-pendrive and take my 1 Terra byte hard disk?
Is there any other ways to get my hard disk without depending on the court and police for years and years?
Querist :
Anonymous
(Querist) 22 July 2011
thankachan and Govind,
Is there any other way? please let me know your ideas on how to get my 1TB hard disk back
Querist :
Anonymous
(Querist) 28 July 2011
I asked the police Inspector about the hard-disk. he told it is seized. he cannot give it back.
But he didnt answer when can he give it back?
Lawyers,
My question is can i get it or not finally?