(Querist) 11 September 2012
This query is : Open
In a motor accident, the Police filed FIR and Court issued summons to the driver in a criminal case, but did not seize the vehicle nor surety was taken in respect of the offending vehicle. The Surety of the driver was contacted, but he said the driver had left the border of Gujarat and had run away to UP. No whereabouts. Two warrants returned unserved.
In the compensation case U/Ss 140 and 166 MVA, the borrower of the vehicle was joined as party U/O 1 R 6 and 7. However, the registered owner is absconding and address not traceable and hence summons could not be served.
In the criminal case, can the advocate ask the JMFC to issue orders U/Ss 451 & 452 CRPC to the police to seize the offending vehicle which is still plying in the city with a new registered owner? The trial in the CC is not started yet.