Return of property
BHARTI KOTHARI
(Querist) 03 January 2018
This query is : Resolved
Respected sir,
Complainant has lodged FIR for theft of some gold ornament. accordingly thief were arrested and they pointed out the man to whom they sold and gold were recovered in melted condition from the place of Third party who is neither accused under S.379 or 411. Now this third party has made an application for return of property contending that recovered gold was of its ownership and has produced documentary evidence. simulteneusly the original complainant has also made counter application for return of property and court has ordered that the gold be returned to original complainant. now what will be the position of third party ? what he can do ? Please guide .
Vijay Raj Mahajan
(Expert) 03 January 2018
Third party had purchased stolen gold cannot claim it. Rather for the act of purchasing stolen gold can be made co-accused in the criminal complaint case.
Sudhir Kumar, Advocate
(Expert) 03 January 2018
the complainant has to make application for making the receiver of stolen goods an accused and separately charged u/s 410 of IPC
Kumar Doab
(Expert) 03 January 2018
The court has ordered o return the goods to original complainant.
He/she must act ASAP in consultation with his/her lawyer and get the goods.
Ms.Usha Kapoor
(Expert) 04 January 2018
THE ORIGINAL COMPLAINANT HAS TO MAKE BOTH THE PERSON WHO BOUGHT STOLEN GOODS AND THE THIEF AS OPPOSITE PARTIES AND FIGHT THE CASE TO ITS LOGICAL CONCLUSION.
Nitish Banka
(Expert) 04 January 2018
Dear Bharti,
Receiving stolen property is also an offence better argue on discharge in such case.
Hemant Agarwal
(Expert) 04 January 2018
1. "IF" "gold were recovered in MELTED CONDITION, "THEN" there is no evidence to prove that the recovered melted gold was at anytime the stolen "some gold ornament". The case becomes infructuous, since the stolen property (Gold) cannot be identified or proved.
2. NEXT, if the "Third Party" has produced proper & cogent documentary evidence of the ownership of the recovered melted Gold, THEN there lies no criminal offence against the Third Party, irrespective of the infructuous statement of the Thief, which has no literal meaning in a Court of Law.
3. The Court CANNOT order any "UN-identified stolen item" to be returned to the Complainant, more so when the "Third Party" has produced proper & cogent documentary evidence of the ownership of the recovered melted Gold.
Keep Smiling .... Hemant Agarwal
P. Venu
(Expert) 04 January 2018
If the third party is not disputing the fact that he purchased the gold from the person who has allegedly stolen item from the original complainant, his remedy, if any, lies against the accused. However, this remedy is circumscribed by many an aspect depending upon the facts and circumstances of the case..
