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Harpreet (Owner)     29 July 2016

How to stop execution of search warrants

A FIR against me & my parents was registered in Haryana u/s IPC 498a/406/506/34. My parents had applied for anticipatory bail. They got interim bail but it was finally rejected citing the non-recovery of stridhan as reason. We were not told by lawyer that recovery will be required for final approval of interim anticipatory. After this I got regular bail by surrendering to Police. During bail my one day remand was given to police for recovery. Police took me to my residence where her articles are present but my wife instead went to my parent's residence and on pretext of jewellery created a scene there and refused to accept the articles kept at my residence till she receives 250 gms of gold. I was produced in court and was given bail without recovery of her articles. After this My parents surrendered in court and got bail same day.

On same day after bail of my parents, my wife submitted an application in court that her articles have not been recovered and are in illegal possession of me and my parents and that police shall be directed to recover them. Judge (Judicial Magistrate 1st Class) issued summons on my parents address which they came to know about but the summons were never received by them. They appeared on the said date during which IO told judge that I didn't give any list to him after surrendering to him and he said in writing that recovery couldn't be effected. Our counsel also betrayed us by not attaching a copy of list with my bail application. 

The search warrant will give opposite party an opportunity to humiliate, defame and harass me and my parents in our localities and we want avoid this harassment and humiliation. 

My query is what can I do to stop execution of search warrants and still be able to peacefully return her articles? Please guide. 

Thank you. 



Learning

 3 Replies

Sood   29 July 2016

Change lawyer.. U can pm me.. Adv sood

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 August 2016

The act has been done. Nothing can be done now.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     09 August 2016

Dear Quest,

 

You can make a revision petition against this impugned order in the HC (401 CrPC read with 397 CrPC) and call for the record from the trial court. Please raise these concerns –

  1. No seizure list is attached.
  2. No proof are collected in favor of the claimed Stridhan’s are valid as per Rule 2 of Dowry Provision Act 1885 amendment.
  3. Proof in the nature of any Bill, Bank transactions or any other document that indicates these stridhans are valid stridhan as per D.P Act.
  4. As burden of proof lies in prosecution as per Section 102 of Indian Evidence Act.

 

Please do it either party-in-person or by hiring a pleader among your relatives/friends (who are not an advocate) as per Section 32 of Advocate Act.

 

Please check my profile links for sample petitions and other clues.


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