supradari of vehicle
vinod bansal
(Querist) 02 November 2009
This query is : Resolved
R/Members
my client vehicle has impounded by the police in a case of section 420/467 etc & challan has already been file in the court,i want to get release impounded vehicle on supradari,is it necessary to obtain police report regarding no objection in releasing the vehicle on supradari bcoz police has filed challan & no case or investigation is pending with police .Regards
Raj Kumar Makkad
(Expert) 02 November 2009
It is the satisfaction of the court to obtain NOC and if required by court, you should do it.
H. S. Thukral
(Expert) 02 November 2009
File an application under section 451 of Cr.P.C. The magistrate shall seek report from the Police. You donot have to get NOC yourself.
Kiran Kumar
(Expert) 02 November 2009
both the Ld. experts are correct.
the court will certainly seek report from police regarding requirement of vehicle for investigation purposes and will also call for any objections from the police.....if none then it will be released.
vinod bansal
(Querist) 02 November 2009
Thanx to all for valuable suggestion.
PALNITKAR V.V.
(Expert) 02 November 2009
Since investigation is over,the vehicle would not be required for investigation. But it may be required in court as a piece of evidence or as muddemal i.e property article. Therefore, the court would call report of police. Police generally object. However, the court has discretion to allow the application for return of vehicle on bond.
adv. rajeev ( rajoo )
(Expert) 03 November 2009
You file an application for release of vehicle. Asst., public Prosecutor will file an objections for your application, after hearing both court will pass an order. No police objection is required.
Sachin Bhatia
(Expert) 03 November 2009
File an application for release of vehicle after that magistrate shall seek report from the Police regarding requirement of vehicle for investigation, if court satisfied then court may order for release of vehicle on supradari.
MANISH
(Expert) 05 November 2009
Dear friend,
You may file a simple application for release of vehicle on superdari. On the very first date of hearing, the concerned Magistrate shall order the IO to file the status report, and after that the Magistrate may order for the release of the vehicle on terms and conditions, which shall be stated in Superdiginama.
