Upgrad LLM

impouded driving license issue


Hi,

I am ordinary citizen of Pune, Maharashtra. I was holding a driving license issued by Pune RTO. 2 years back, I met with a small accident with a Rikshawala. Fortunately no one was hurt and both the vehicles had minor damages. But still the guy was asking large amount of money and filed a police case against me. In reply, I filed police case against him. For procedural purpose, my driving license was impounded. The hawaldar asked me to come back next day for court procedures. As told I went next day, but he asked me to come back 2-3 days later. Then the hawaldar kept avoiding me and I couldn’t get me license back. Then I stopped visiting the police station. Due to busy schedule in personal and professional life, I couldn’t get my license back in 2 years.
Now, I need driving license. I have following queries regarding this:
1.       How can I get my existing license back? Is there any pool/record maintained for impounded license?
2.       Can I apply for duplicate license? Will it create any legal complications?
3.       Can I apply for fresh license? Will it create any legal complications?
Seeking for legal aspect to this case. Any slightest clue can help me a lot.
Thanks in advance,
Ankur
 
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Advocate

1.       How can I get my existing license back? Is there any pool/record maintained for impounded license?

Ans. Yes, generally all impounded licenses etc are deposited with the police.

2.       Can I apply for duplicate license? Will it create any legal complications?

Ans. You can apply, provided that you complain about the loss of the same by stating the facts to the police who will issue a certificate to that effect that the license is lost and untraceable. 

3.       Can I apply for fresh license? Will it create any legal complications?

Ans. Not necessary

 
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Agreed with Vishal ji's suggestion.

 
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LAWYER HUBLI,KARNATAKA

Second question answered by A.V.VISHAL is applicable  if the licence is actually lost, but in this case you have met with accident,and the police officer is holding the licence for some reasons connected with the accident,if you have to file a complaint regarding the loss of licence, which would not be applicable to this case. There is vast diffrence between Lost and seizure of licence.

 
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Advocate

Mr Sunderaj , Please go through my reply completely, I suggested the querist to state the facts also!!!

 
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Student

Dear Ankur,

You have not stated that whether at the time of taking your licence the Policemen has given you any reciept or not.  If you have the reciept then it is o k you may persue with him otherwise file a NCR and apply afresh.

Thanks and best regards

Daksh

 
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 No, he didnt give me any reciept. What is NCR and how to file it?

 
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apply to the court where u r case is registered with return of property application. 

Adv ramesh chheda- Mumbai - 9870112826 

 
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