Legal Question in Criminal Law in India
licenced money lender kept ornaments form a lady. later her friend claim as original owner for it and complaint aginst her u/s 406 of IPC. Police seized ornament, can money lender claim for ornaments and on what grounds ? can u give some case references ?
5 Answers from Attorneys
After agreement with lady, the ornaments belongs to the money lender as a surety. So it belongs to money lender only. You can get it through court after showing your written agreement with the lady.
Your further clarification is welcome at nominal consultation fee;
KAMAL GROVER,
Advocate (Chandigarh, India)
e-mail: [email protected]
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Regards and good luck
At this stage it is a case property for police. The moneylander can apply for release of case property on furnishing a security bond (Superdari) under Cr P C.
I agree with the opinion of Mr. Arya.
Money lender can get interim custody of ornaments by applying to the concerned Magistrate by executing Bond. Money lender would be required to preserve those ornaments and produce in the court when called upon.
Upon final judgment in the matter followed by appeals, if any, final fate would be decided of the ornaments.
Claim property back after showing sufficient evidence from the court.
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