Application u/s. 457 of cr.p.c.
Adv. Gopal Sonawane
(Querist) 11 November 2014
This query is : Resolved
Respected Sir,
I am confused in one Case wherein Tractor of my client has seized by police in crime u.s.379 of IPC alleging that driver of my client was carrying the stolen sand without having a valid permit through this vehicle.
Now problem is my client has orally purchased this tractor from the registered owner of this vehicle and no single document is written between the parties and now the registered owner is dead.
Then in such condition in whose name application should be made u/s. 457 of Cr.P.C.
Please Reply.... Thanx!
ROHIT SHARMA
(Expert) 11 November 2014
1. The legal heir of the owner of the tractor can make such application u/s 457 Cr.P.C. The legal heirs can produce the R.T.O. documents of such tractor and establish their legal right to inherit such moveable property of their father. The theft is if sand and not the tractor. The accused can file a plea bargaining u/s 265-B of Cr.P.C. and the court will reprimand him and may impose some fine and close the case. This is the shortest of all the procedures.
Rajendra K Goyal
(Expert) 11 November 2014
should be in the name of Legal heirs of the deceased.
Devajyoti Barman
(Expert) 11 November 2014
Unless any document is produced which can be done even now, your client can not lay his claim.
Adv. Gopal Sonawane
(Querist) 11 November 2014
Thanks everyone but legal heir are not ready to cooperate in any manner also not ready to come b4 the court!
