Offence under section Ipc 379, 188

Ramakrishna (Querist) 05 April 2016 This query is : Resolved
A truck was seized by police in sand mining under section 379, 188 IPC
TO return the property
can i file 457 crpc?
or Is there any other simple proceedings like agreeing the offence before Court by owner of the truck by paying fine?
Thank you

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rajagopal.s (Expert) 05 April 2016
Hi
Better to file under 457 Cr.P.C and take possession of property(truck)
Since sand mining fines are huge, better to contest the case.

Ramakrishna (Querist) 05 April 2016
Thank you Sir

Rajendra K Goyal (Expert) 06 April 2016
Contest the case is advised, rather to accept the crime.

Ramakrishna (Querist) 06 April 2016
Police filed FIR against lorry and seized the same but charg sheet was returned by Court.
I filed 457 to return the property but superdent returned my petition by stating no crime was registered in that crime what i mentioned in the petition. Superdent said that we returned the charge sheet because police didn't submit with proper evidence.
we went to police station , they said we have 90days time to file charge sheet.
but lorry was seized.

What should I do? To return the property.
can i discharge the FIR?
PLEASE SUGGEST ME.

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