• Accidental car released from police custody

Hi,

I have tourist car which was supposed to sell to one customer. I had applied for NOC to transfer my vehicle on the seller's name. meanwhile the documentation was in process seller was driving my car as a driver in OLA on daily 500 rs commission. in between this, my driver made an accident and injured 2 people with my car. Now he is out on bail but my car is still in police custody. As car is still on my name and transfer of papers didnt take place. What is the procedure to release car from Police custody and i dont want to sell my car to this person now. I need best advice so that i can be in better position to convert this tourist car now into private car.
Asked 8 months ago in Criminal Law from Thane, Maharashtra
Religion: Hindu

Since you have signed form no 29 it is the duty of the buyer to submit it along with form no 30 to transfer the vehicle in to his name. If you submitted all documents for transfer then you are not liable. 

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

You need to file an application under section 452 crpc for release of vehicle since ownership of said car in you favour along with the car documents.

Further the issue is since the seller already received the NOC and for transfer of ownership he can also file if he had paid the amount and delivery challan is signed based on same.

Further for cancelling sale you need to give notice to purchaser and.cancel the agreement.

For transfer of taxi to private it can be applied with RTO one time tax need to be paid old rc and numbers need to be surrendered.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

In case of an accident when the police seize the car  for the purpose of investigation or an inquiry and file a case, the owner  can file an application to get back his car  during the proceedings under Section 451 of CrPC..

When the trial is pending in the court the owner of the vehicle can file an application annexed with documents like the title of the property for obtaining custody of the same

Ajay Sethi
Advocate, Mumbai
66998 Answers
4045 Consultations

5.0 on 5.0

Make application for release of vehicle to concern court along with ownership documents.

So far as the transfer is concern  ask that person to cancel the deal else make application to concern department to stop transfer procedure

Pramod Shankarappa Dhule
Advocate, Pune
29 Answers

Not rated

The car can be released from the police custody by filing an application requesting the court to release the car and giving assurances in writing that in case of any evidence and during the case the car would be produced as and when required.however the Cr cannot be sold till the case is pending.

Regards 

Rahul Mishra
Advocate, Lucknow
4340 Answers
11 Consultations

5.0 on 5.0

1. Since ti is still in your name you will alone be entitled to get the car released from police for which you need to apply in court.

2. So once you release the car expedite the process of name transfer which is properly followed uo should nott ake more than a week.

3. in the meantime get a deed singed by the buyer that the car is already sold to him and he alone is its owner now to avoid future complications before the name transfer actually occurs.

Devajyoti Barman
Advocate, Kolkata
17816 Answers
253 Consultations

5.0 on 5.0

You have to apply in the court to release the battle and you have to provide the assurances to the court  that whenever this vehicle is needed it will be produced as you are willing to sell the car so this guarantee is not possible for you till the date the case is  complete in the court 

Vimlesh Prasad Mishra
Advocate, Lucknow
5511 Answers
18 Consultations

4.9 on 5.0

Dear Sir,

The following information may kindly be read.

You file an application for release of the vehicle on Superdari in the concerned Court where the matter is pending . You can prepare an application for the same by stating the reasons of impounding the vehicles and can file in the concerned Court.

Legal Procedure for taking back the vehicle

After filing of the F.I.R by the police, the vehicle is sent to the RTO for inspection who prepares the accident report. The police make a charge-sheet and present a case against the driver. The process by which the vehicle can be obtained after the case is registered is-

Releasing of property by the Magistrate

When the police seize the property and report it to the Magistrate during a trial, the Magistrate may make an order under Section 457(2) CrPC to dispose or deliver the property to the person entitled to the possession of the property on the conditions which the Magistrate thinks fit. The owner of the property needs to establish the claim within 6 months from the issuing of proclamation. If no one proclaims the property the magistrate under Section 458 CrPC passes it to the government and which can be sold by the government. The Magistrate has no power to hold an inquiry but is empowered to commit the case to sessions. He cannot decide the question of a title but only the question of possession. The real owner can assert his right in civil court.

Two conditions must be fulfilled for return of property-

  • The property must be seized by the police.
  • It is not required to be produced before the court.

 

Netravathi Kalaskar
Advocate, Bengaluru
3178 Answers
14 Consultations

5.0 on 5.0

Dear Client,

File application in court for conditional release of car. Take some person with you to give surety along with some other car papers., will require for surety, single day thing.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

You should file a superdari application before the hon'ble court then court can passed a order of releasing the vehicle..... 

After releasing  the vehicle you should go to the R.T.O office for changing the vehicle into private

Parveen Narwal
Advocate, Rohtak
9 Answers

Not rated

Since you hav already applied for transfer of this vehicle to the other person and the same is under process, you may not be able to do anything at this stage.

However you may give a written letter to the authorities concerned that you are withdrawing your earlier application and ask them to not process the same any further.

After that you can plan to convert the same to a private vehicle following the procedures meant for it.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Hello,

 

I understand the situation, you may note that the owner or any other person authorized by him can file an application to get back his property during the proceedings under Section 451 of CrPC. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

1) First you pay fine and get car in your possession. Later apply for private stead of public services in the RTO.

Ganesh Kadam
Advocate, Pune
7502 Answers
65 Consultations

4.9 on 5.0

You can make application in the court for getting your car back showing that it's your bread and butter. They will tell you to get it back if they require the same for evidence

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

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