mudamal application
sachin
(Querist) 14 September 2015
This query is : Resolved
Hi, i practicing in Gujarat on problem face almost all criminal advocate that at the time of relise mudamal on crpc 451/457 we have to submit N. O. C. Of accused evan the applicant is complanant in stolen case and if accused is not available then in that case applicant suffer most my question is that is it mendedary to furnish N. O. C. While put up mudamal application?
NANDKUMAR B SAWANT
(Expert) 12 October 2016
SIR, KINDY NOTE THAT.
1. YOU HAVE TO FILE IN COURT APPLICATION FOR RETURN OF PROPERTY WHICH IS SEIZED BY POLICE IN ANY CR.CASE.
2. THE RELEVENT PROVISIONS ARE CR.P.C.457 AND OTHER PROVISIONS.
3. AS THE COMPLAINANT FILES A CASE IN THE POLICE STATION POLICE ARREST ACCUSED AND PRODUCED THE SEIZED PROPERTY IN COURT.
4.ON APPLICATION OF COMPLAINANT FOR RETURN OF PROPERTY, COURT CALLS SAY OF CONCERNED PARTIES INCLUDING STATE , A.P.P. THROUGH INVESTIGATION OFFICER OF POLICE STATION CONCERNED. AND COURT MAY CALL SAY OF THE ACCUSED ALSO AS THE SAID PROPERTY IS RECOVERED FROM HIM.
5. IT IS ADVISIBLE THAT INSTEAD OF TAKING N.O.C. FROM ACCUSED JUST SUBMIT APPLICATION FOR RETURN OF PROPERTY IN COURT AND MAKE STATE AND ACCUSED AS A PARTY AND RESPONDENTS TO SAID APPLICATION. COURT WILL CALL SAY OF RESPONDENTS AND WILL DECIDE THE APPLICATION ON THE BASIS DOCUMENTS PLACED ON COURT RECORD AND AFTER HEARING ALL ADVOCATES FOR COMPLAINANT , STATE AND FOR ACCUSED.
GOOD LUCK.
