Legal Question in Criminal Law in India

Maintainability of the application for recovery of stri-dhan, ornaments etc

A complaint was lodged in police station against me & my family for the alleged offence committed two & a half years ago under I. P. C. 498(A), 406, 420, 114, 323, 504 & 506(2) and u/s 3 & 7 of dowry prohibition act. The said complaint was registered and the charge sheet was placed before the court. Now after 51/2 years of filing the charge sheet, when the trial is at the stage of recording the evidence of the investigating officer, the complainant has filed an application for recovery of stri-dhan, ornaments, articles, clothes etc. in the said criminal proceeding. Can the court entertain such applications after the lapse of about 8 years of alleged offence and that too after the lapse of 51/2 years of filing the charge sheet by the investigating officer in the court? How can such applications be entertained now when no such stri-dhan, ornaments, articles etc as alleged were seized during the investigation done by I. O. before placing the charge sheet in the court? Please advice


Asked on 4/23/04, 8:50 am

1 Answer from Attorneys
D. M. Bhalla D.M LAW CHAMBER

Re: Maintainability of the application for recovery of stri-dhan, ornaments etc

Right to recovery only accures till the expiry of three years from the date of cause of action. Now your wife cannot legally seek any recovery from you in any forum of law. For further assistance or help you can contact me on my mobile -9811062868 or mail me on [email protected]

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Answered on 4/23/04, 9:02 am


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