Section 395

Querist : Anonymous (Querist) 04 August 2011 This query is : Resolved
In a Firm there were couple of car which were bought, now each partner was given a car each, the firm got converted to a company from part 9.

After several years a dispute occurred between partners, now partner-1 who is in control of the existing company filed a case under 395 stating that partner-2 has stolen the car. Whereas partner-2 is still the promoter and share holder of the existing company but has never been the Director and also he has no dues to be paid to the company.

My question is:
1) How strong this case is.
2) Can there be a possible imprisonment in such a case.

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ajay sethi (Expert) 04 August 2011
1)section 395 of IPC deals with dacoity. whoever commits dacoity shall be punishable with imprisonment for life orfor term which may extend for 10 years and also fine.

Querist : Anonymous (Querist) 04 August 2011
Does this situation even come under Dacoity, i.e. 395?

Raj Kumar Makkad (Expert) 04 August 2011
In the given facts, contents of section 395 IPC are not constituted so there is no question of any trial or punishment as feared.

Ajay Bansal (Expert) 04 August 2011
No case of section 395 I.P.C. is made out.

M/s. Y-not legal services (Expert) 04 August 2011
Yes.. Me to agree with mr.makkad. Its not fit case for section 395 ipc

Querist : Anonymous (Querist) 04 August 2011
partner 1 in the his statement mentioned that partner 2 came along with 4 other people, but the judge wont have any idea if this is true. Hence Summoning order will be issued.

So partner2 should go for a revision to district judge or directly appeal in high court?

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