Recovery of looted item from court/police
In the night of 24.01.2012, my Father was looted at knife point by 4 looters at Highway No. 8, near Pardi in Gujarat. He was traveling in a rented car which was taken from Vapi through a travel agency. He was looted of all his belongings like gold chain, diamond ring, cash, mobile etc. Later after investigation it was found that the driver of the rented car was involved in this crime. My father had installed an anti theft software in his looted mobile which helped the Police to nab the criminals.
It has been now more than 5 and a half years of the incident and STILL WE HAVEN'T RECEIVED OUR LOOTED BELONGINGS AND CASH RECOVERED FROM THE LOOTERS, BY THE POLICE. After the arrest of the criminals, we were told by the police that all the looted items and cash were recovered. The victim, My father passed away in 2014. Later, on the advice of local Police station, we hired one lawyer, available in the Pardi(Valsad, Gujarat) Court premise who started processing the documents required to receive the looted items from the Court after we agreed to pay his related fees. He asked me to bring one elderly member from our family in front of Judge so as to get the order passed from the Judge. I followed Lawyer’s direction and bought my late father’s younger brother (my real Uncle) in front of Judge. For this lawyer even took part of the decided fees in advance,. I had paid in cash and have no receipt for the said payment. Later in January 2015, after our continuous follow up, the Lawyer confirmed that related order to receive the loot recovered items have been issued by the Judge. Since then, I have been following up with the said lawyers through phone and some time in person to receive the looted materials. But, the Lawyer keeps giving reasons and excuses to postpone the issue. I work overseas and hence cannot follow up in Person all the time. I try to see the lawyer once in a year during my visit to India, while at the same time keep following up through phone.
I would like to have legal advise on following two issues:
i. I want to get the looted items (gold chain, diamond ring, cash, mobile etc.) belonging to my father which was recovered from the looters. As understood from Police, all recovered looted material and cash was deposited in the court.
ii. Considering the unprofessional approach and working of the assigned Lawyer(as mentioned above) what can be done against him legally. Is there chance that the looted materials belonging to my fathers have been taken away by the Police and said Lawyer, from the Court without our information.
Awaiting response from Lawyers of Kanoon.com for above issues. Thanks
Asked 6 years ago in Criminal Law
Religion: Hindu