I met with an accident on 18th Sept 2017. As I was driving my car, a 2W driving on my left with out any indication took a sudden right and my vehicle hit them causing death to the pillion driver in 2w. FIR filed on section 279, 337 and 304a. Vehicle taken to RTO in Tamil Nadu and inspected. All records are perfect, but still my vehicle is detained in police station. When asked inspector, he coneveyed GO has been passed recently to detain vehicles even if records are perfect. Can any one pls confirm is it true, if so wat is the procedure to release the vehicle from police station. Bcz no proper response in RTO office and I am tired since RTO is 80kms far from my residence. Leaving my work not able to get the things done..
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1.Since death ahs occured the vehiclewill reiaj seiziedforsometimetocomplete forensic orother teststo be amde.
2.After sometimes OR after submission of the sheet when investigation would be completed you can apply for release of the car.
3.In this RTO has nothing to do to realise the vehicle.
4.You will have to apply to the Magistrate and if it thinks that the vehicles is no more required for further investigation ti would allow its release on adequate bond from your end.
1)make an application to court for release of your vehicle under section 457 of cr pc
2)Section 457. Procedure by police upon seizure of property.- (1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.
1. You have to file an application in the court to release your vehicle on superdari to you if it is not required anymore for investigation.
2. If, however, a GO has been passed which provides for detention of accident causing vehicle then superdari alone will not get you your vehicle back. You may have to then move the High Court for appropriate directions.
1. RTO has nothing to do with the release of the vehicle, you will have to move an application before the magistrate u/s 457 of Cr.P.C.
2.The court will pass an appropriate order for release of vehicle or for detaining the vehicle till further stage. If the order comes against you, you may approach the High Court for getting specific direction.
Regards
If the police is not releasing the car, you may file a petition befor3 the jurisdiction magistrate court seeking return of property.
To cut the harassment faced by victims of accidents to get their vehicles released from police stations, as per the instructions of court time and again on this, police have to release the vehicles involved in the accident after taking a surety bond and whenever it is needed that he would personally produce it (the vehicle) in the court and would not sell it.
You may file a petition before the concerned magistrate court under section 457 cr.p.c seeking to direct the police to produce the vehicle before court and to handover possession or custody as an interim relief.
You contact your advocate for further action on this.
