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Harrassed _by _498a (Executive)     24 July 2014

search warrant in 498a or 406

experts is there any law in which after registration of fir under 498a and 406 the wife and IO can come to my house and search the articles either given by her or my family moveable assets.is she has legal right to bring it back without court orders.


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 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 July 2014

Dear, There cannot be any search without proper warrents. Kindly refer section 93 Cr.P.C https://www.shareyouressays.com/119592/when-search-warrant-may-be-issued-section-93-of-crpc Advocate kapil chandna 9899011450

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 July 2014

Dear, There cannot be any search without proper warrents. Kindly refer section 93 Cr.P.C https://www.shareyouressays.com/119592/when-search-warrant-may-be-issued-section-93-of-crpc Advocate kapil chandna 9899011450

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 July 2014

Dear Querist

The Police or Complainant may file an application before court u/s 93 of Cr.P.C and get search warrant 

93. When search warrant may be issued.

(1) (a) where any court has reason to believe that a person to whom a summons or order under section 91 or a requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or

(b) where such document or thing is not known to the Court to be in the possession of any person, or

(c) where the court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection,

it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.

(2) The court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.

(3) Nothing contained in this section shall authorize any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority.

Sudhir Kumar, Advocate (Advocate)     16 August 2014

repeated

 

https://www.lawyersclubindia.com/forum/Lockers-at-Bank-in-498a-and-406-106263.asp#.U-6_BaOO5G1


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