theft & criminal breach of trust, together
R.SHAH
(Querist) 12 January 2011
This query is : Resolved
Hi all,
i want to file private complaint, short story is my ex-wife who denied my religious divorce and continued her conjugal rights case against me and recently she agreed got remaaried before the civil court of her conjugal rights case. and there after taken away all belonging of the house which is in her psossession after injuction order on it, not to sold flat n dispossess her. i due to criminal fear n 498a,406 case upon me i keep away in entering to my said flat. my belongings are resting there, now after agreeing her remaaried she taken away all of belongings from the said flat with help of three-four peoples. including my belongings also.
Now i want to file case of theft i.e. IPC 379,406, 120B & 34 for my belongings taken away. as she has not mentioned / declared in any of the court about her belongings nor i have made. as after divorce this criminal breach of trust be attracted. till 1 week before this acts she was claiming as my legal wedded wife and after admitting that she got remarried to some one else, she took all belongings of flat. without my consent.
kindly advise me in this regards that IPC 406 (crimninal brach of trust ) be made out or only IPC 379 will be work or IPC 379,406,120b are attracted in this case.
Ajay Bansal
(Expert) 12 January 2011
Only section 379/120 IPC ARE ATTRACTED.SECTION 406 IPC IS NOT MADE IN THIS CASE.
Ajay Bansal
(Expert) 12 January 2011
Only section 379/120 I.P.C. are attracted.Section 406 I.P.C. is not made in this case.
Uma parameswaran
(Expert) 12 January 2011
If case is pending you can file a petition in the same for return of articles.
R.SHAH
(Querist) 13 January 2011
yes. conjugal rights case is still pending, but there niether she or i haeve mentioned any decalration of the articles. she has taken away all belongings without informing court or to me, and i want to claim is only my belongings. the injunction order is for only suit flat i.e. not to dispossess her till final dispossal of case. the keys of the flat are with her only.
is that the civil court were conjugal rights case is pending having power to return back my belongings. or civil court will tell to me it's criminal case take recourse of criminal court to recover your belongings, as well as the subject matter of the case is conjugal rights.
moreover some of the belongings which i caome to know is that she sold out to scrap merchant for which i m the whole owner of the articles.
pls. suggest me how to proceed further to get back my belongings.
also what exactly IPC sections are applicable in my case.
note. she has mentioned in the FIR of 498a,,406 case that i have taken away all the articles from the flat i.e.dec.2005. this FIR file during pendency of the conjugal rights case. if it's so she can took recourse of civil court to take back her articles back from me (which is false, and i m contesting same in 498a case as its subjudice).
your valuable advise at earliest would be highly helpful to needy.
Thanks & Regards
Amit Minocha
(Expert) 14 January 2011
doubtful of return of your articles since you have not mentioned of your articles at any point of time so even if you take a criminal case recourse , you might not succeed at end as already 406 is pending against you.
R.SHAH
(Querist) 17 January 2011
BUT IN 498A CASE U/S 406 SHE HAS MENTIONED THAT I HAVE TAKEN AWAY GOLD AND Tv vcr, fRIDGE ETC AND OTHERS HOUSE HOLD ARTICLES. IN HRE CROSS EXAM SHE ACCEPTED SHE DOESN'T POSSESS RECIEPT OF THOSE ARTICLE FOR WHICH THEY BEONGS TO HER AND RECOVERY POLICE CUSTODY ONLY FOR GOLD JEWELLERIES, BUT NO RECOVERY WERE MADE. I M CONTESTING THE CASE AND AFTER ACQUITTAL I LL FILE CASE FOR SEARCH AND RECOVER THOSE GOLD JEWELERIES WHOM IT WAS ?
KINDLY SUGGEST EVEN THAT MY PRIVATE CASE WOULD NOT BE PROVED / SUCCEED TO GET BACK MY BELONGINGS.
