Legal Question in Criminal Law in India
Hello,
I got married under HMA.I have lodged complain under sec 406 for recovery of my shreedhan.But police has not done anything.Then we met SP and told him.SP gave instruction to IC to give prayer to court for search warrant.But when we met IC he told us clearly that we have to give an prayer to court for search warrant through our lawyer.My in laws lives at noida and i live at kolkata where i have lodged FIR.But my lawyer is saying that if i will give an prayer to court through my lawyer for search warrant court will pass an interim search warrant.But police will not do anything with interim search warrant.They will only take action after permanant search warrant.BUt court will pass permanant search warrant only after accused party will receive summon .
1)Is it true that court will pas permanent search warrant only after opposite party will receive summon?
2)Is it true police is not legally bound to take action on the basis of interim search warrant?
2 Answers from Attorneys
You should have filed a case under Dowry law, as your property is withheld by husband/ in laws.
there is no need to send summons and the police is empowered to obtain search warrants from the court concerned to recover your stridhan.
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