2 years ago
My wife left home alongwith kids & started staying separately from me last year .
Thereafter, husband went Pune from Mumbai to meet parents & didn't return Mumbai because of lockdown.
Taking advantage of this situation, my wife & in laws broke lock of home & stolen material, golden ornaments worth Rs 1 lack from home & locked home with new lock.
When I returned back to Mumbai, I found that this theft occurred. After this, I filed written complaint in police station , but police did not take any action.
After that, Myself petitioner husband filed theft petition in JMFC in 2020 under section 156(3) regarding theft of material worth 1 Lac by respondent wife & in laws and prayed that to register FIR against respondent wife & in laws and to direct respondents to return material.
After hearing of 6 months, hon judge called report from concerned police station. Police station after 6 months gave unfavorable report to court mentioning that there was no theft by respondents & that respondent wife took material from home as there was lockdown & she was unable to take material from market.
What I have to do further in this court case to get material back & for registration of offence against respondents ? Please guide in detail.
You can charge your wife and in-laws for criminal trespass. According to Section 441 of The Indian Penal Code, whoever enters into the property in the possession of another with the intent to commit an offense or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into such property, but remains there with intent thereby to intimidate, insult or any such person, or with an intent to commit an offense, is said to commit ‘criminal trespass’. Also, charge your wife with theft. If the court has passed an adverse order then you can seek to appeal in the upper court.
Responded 2 years ago
You can continue with pending case as complaint case.