recovery in complaint case
vinod bansal
(Querist) 17 July 2009
This query is : Resolved
R/All members
I have filed a criminal complaint u/ss 395/452/323 IPC & 25/54/59 Arms Act,now case is fixed for consideration on summoning,i want to know as there is no recovery of arms & looted articles bcoz complaint was not sent to police for registration of FIR by the magistrate and magistrate ordered for recording of preliminary evidence than question of recovery is not arise,now i want to know whether court can summon the accused under section 395 and Arms act without recovery of arms & looted articles..Thanx
Sarvesh Kumar Sharma Advocate
(Expert) 18 July 2009
court can summon the accused under section 395 and Arms act without recovery of arms & looted articles but to proove such case is always your part,
so file an application before the magistrate to show the recovery problem,and told him diside the applicatn on marit.
becoz recovery is always the part of police,then magi. orderd to police for investigation . or riject your app. then you have the chance for revision that order.
OR
file an application for not press the complaint case due to recovery problem and file an app.u/s- 156(3) cr.p.c.
