Search warrants/investigations

Is Sec406 also included in FIR as only 498A wont get search warrants for search of premises.

Sanjeev - Following sections are applied 498A/406/34 IPC.
 

Experts kindly guide.Would be intresting see responses.

hello,

recovery will be done of items whose list was given to IO by the girl.

whatever items you give her back make sure to get it signed in presence of a witness.

where is the case ?

regards-

rahul.gogreen@gmail.com

Thanks Rahul.  I am also looking for guidance on how the search warrant is issued? Does the complainant/police have to apply to court for search warrant? How much time it takes? At what stage of investigation can this be applied for? Will we be informed that warrant has been applied for or granted?

hello,

 An officer always may only make a search with either your consent or a search warrant. You have a right, however, to see the warrant before the search begins. Thus the warrants have to be taken through a magistrate by the Police in case you do not consent to taking the police officer to the place where the misappropriated property is believed to be kept.

regards-

rahul.gogreen@gmail.com

In general, a court will ask two questions to conclude whether a police investigation turned into a search. First, the court will ask if the person whose home or property were being investigated/searched expected a degree of privacy. Next, the court will ask if that expectation of privacy was reasonable. This question is answered in the light of society, meaning the question revolves around whether society would recognize some sort of privacy in the matter in question.

For an investigation to turn into a search, a court must conclude that the investigation impinged or intruded upon a person's "legitimate expectation of privacy." This is found when the answer to the above two questions is yes. If either question can be answered in the negative, meaning that the person being search either did not have something to keep private, or if the expectation of privacy was not reasonable, then there was no search.