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Recovery under 406

Dear All,

I have a query regarding recovery under 406. I am on Interim bail till 30th Nov from Punjab n Haryana High Court.

Me and my wife was staying in Gurgaon and i came to chandigarh on my father's death and i never went back to Gurgaon.

Meanwhile, my wife filed lodged a complaint and FIR was registered without investigation under sections 498a and 406.

Now, from last 15 days i am making rounds to Police station asking IO to pls make a recovery whatver the list has been provided. Though girls side gave me only 2 gold ornaments which are with me and i am ready to give them back.

But IO is now saying, we will go to Gurgaon for recovery and he is passing time and not going for recovery. I use to call him daily that lets go there and complete this work. But everytime he delays it.

And in fact in Gurgaon, my wife is staying in that home and not me.

Now, what shall i do if IO dont go for recovery there in Gurgaon or from our house in Chandigarh ?

Can he say in court that we were not cooperating in investigation, as it seems to me that he is on girls side.
Though i am calling him almost daily to complete this but he delays it everyday. Pls suggest me guys.

BR, Mani

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4 Replies

Samar Garg (Trader) 18 November 2012

Mani,

As far as i understnad the Cr.P.C.. if any property is recovered from you or at your instance during the course of investigation, thats strengthen the case of prosecution,.... however yours is a case different so unless one is not through your FIR & the order allowed for interim it is not appropiate to advice anything. However, even if you have to genuinely return anything to the other party then with help of a lawyer you can do the same through court, and on the part of police's play you can file a complaint with the officer incharge of concerned police station, SP/ACP/CP of the area, to the human rights commission & to the cheif justice of the high court of your jurisdiction.

If complaint is filled on falsified grounds you should file an application with the magistrate for counter complaint u/sec 340 of Cr.p.c. Every minute of your now spent for your protection will pay you back in your future and vice-versa, So dont take this lightly unless you have created a sheild for defense.