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3 years ago

Respected Sir/Mam, I am charged with 498A and 406 . The police has served me 41A notice and now forcing me to return the listed items to my wife who is currently residing at her parents' house. I want to return the items but under the orders of court. What is the procedure to compell them to transfer the case to the court?? Plz guide..

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir
You may approach court and file an application to deposit such items before the court.
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Geeta Singh

Responded 3 years ago

A.First file reply to notice in reply make list of item, make some reliable witnesses while delivering listed item ,with proper receiving from IO and signature of witnesses and of wife also and two witness from her side that she had taken listed item, if you apprehension of arrest then you can file anticipatory bail and you can prayer for delivering listed items before court,
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Sarthak Nayar

Responded 3 years ago

A.Section 41A is a procedure established under law, they have the right seek information as to what all you have in possession that belongs to your wife. You can return all the items by writing a reply to 41A notice and in the reply make a list of all the items/goods you are returning take proper receiving from the IO. Currently as the case is under investigation stage court will not be involved, but i understand your apprehension that once you return the goods tomorrow police and your wife will allege that you did not return the items. So in this case if you want to return these items before court then my advice would be to file an anticipatory bail application before session court and there you make request to the court to allow you to return the items before them and make a list of goods/items returned by you in the order of the court.
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