Hello,

share the copy of the FIR. 20 lakh can not be the surety for getting the vehicle released. 

Regards

Sir kindly clarify that has anyone expired? Because your section doesn’t say so but ur query does, 

You just need to move an application for superdaari and the maximum surety amount I can think of could be 2 lakhs at best.

You can apply in the couet for return of Property on the basis of the same being your livelihood .You can give an undertaking that whenever the said vehicle s required in the court you will produce it.

See a application under 451 crpc has to be filed.seeking release of vehicle before the trial court the trial court shall order release of vehicle on some surety but court will not ask.thst high.amount for surety.

A local person can stand surety for release.of vehicle.

you have to make application to court to release your vehicle . It would be released on furnishing surety bond

2) it certainly won’t be for Rs 20 lakhs 

If the accident occurred due to negligent behavior and causes or is likely to cause any hurt or injury or endanger the life of another, the police lodges an F.I.R against offenses provided under section 279 and  338of the IPC. The Motor Vehicle Act, 1988 under  Section 190(1) provides punishment of Rs. 250 for first offence and imprisonment of three months or fine up to Rs. 1000 for the 2nd offence in case accident causes any bodily injury or damage to property by a defective motor 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  

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. 

Not necessary for 20L. The vehicle can be released after taking photographs and documents. Vehicle should not be detained as it won't serve any purpose in investigation.

Engage a UP based lawyer.

Regards 

G.Rajaganapathy 

Dear Sir,

The following information kindly be read;

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.

Releasing property in pendency of trial by the court

In case of an accident when the police seize the property for the purpose of investigation or an inquiry and file a case, 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..

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. After filing an application one has to comply with all the directions issued by the court.

The trial court can pass orders for custody or disposal of the property during an inquiry or trial.[2] The term ‘property’ has a wide meaning and includes a motor vehicle. The interim custody of the motor vehicle is given to the person in whose name the motor vehicle is registered with the registering authority unless a superior title is established by another person.[3]

The procedure of disposal of the motor vehicle is discussed below.

• The vehicle seized by the police cannot be kept for more than 15- 30 days in any case after the court’s order.
• The court or the police are not required to keep the vehicle in safe custody.
• If the vehicle is stolen from the strong room of the court, the writ of mandamus is issued directing the State Government to make available necessary funds for returning the property to the party.[4] The owner of the vehicle will not suffer due to any misappropriation.
• A proper punchnama or document describing the nature of the property in detail has to be prepared before handing over the possession of the property so that it can be used as evidence in court. Such evidence should be recorded promptly to avoid any tampering.
• No revision application is maintainable against such interlocutory order.
• No security is required to be deposited for the release of the vehicle after the court’s order.

Releasing the property after the trial is concluded

Section 452(2) CrPC gives power to the court to release the property after the conclusion of the trial without any condition, with or without security to the court’s satisfaction.

Can the dispute be settled outside of court?

The justice system of the country always provides an opportunity to the parties to settle their dispute outside of court. Section 320(2) CrPC provides that injury caused due to rash and negligent driving which can endanger the life or personal safety of a person is a compoundable offence with the permission of the court. In simple words, the person to whom the injury is caused, on his discretion settles the dispute with the wrongdoer on court’s permission. Such compromise is valid only if it is done with the prior permission of the Magistrate. After such settlement, the owner of the vehicle can get his vehicle back.

Legal consequences if a minor causes an accident

In case the minor wants to get back the vehicle, Section 2(30) of the Motor Vehicle Act, 1988 provides that the guardian in whose name the vehicle has been registered or any person who is possessing the vehicle under an agreement is the lawful owner of the vehicle and can apply for getting back the vehicle.

Moreover, minor cannot be sued for causing an accident. The guardian of the minor can be sued for any such act of the minor and the guardian can enter into a compromise with the person who is hurt complying to the provisions of Section 320(2) CrPC..

Please consult with another lawyer then you will understand what is going on,they don't charge any fees because Rs.20 Lac is very high.

1. As per the information mentioned in the present query, makes it clear that your vehicle is lying with the authority and instead of taking any legal recourse, your lawyer is saying to deposit that much of amount.
2. According to me, he has been misguiding you or he may not aware about the law.
3. Yes, it is true that some amount have to deposit before the court of law in the form of DD, but surely not this much.
4. I would advise you to draft a “superdari” application before the court to release your vehicle if all legal procedure with respect to the vehicle has been over.

Dear Client,

This is casual thing, court have ordered conditional release of your vehicle. Twenty lacs surety is may be due to cost of truck. You can submit copy of documents same price vehicle for surety.

Sir please note surety means not money you can bring a person who as landed property and produce him and surety and also execute indemnity bond if court has ordered so. The assumption that you have to pay 20,00,000/- is wrong. Kindly go through the order sheet of the court.

The lawyer may not be correct in his opinion for surety to such a huge amount.

A recent Supreme Court judgement clears the air and sets a new provision in place. The court observes, "Where there is no insurance cover for a vehicle, the owner should be directed to offer security or deposit an amount, adequate to satisfy the award that may be ultimately passed, as a condition precedent for release of the seized vehicle involved in the accident. If such security or cash deposit is not made, within a period of three months, appropriate steps may be taken for disposal of of the vehicle and hold the sale proceeds in deposit until the claim case is disposed of." 

The 3rd party insurance relates to cover the damage done by one's own vehicle to other vehicle or property or life. "The need for this ruling arose based on that fact that every day numerous accidents occur on a road and the party in question may not have an insurance policy or is carrying an expired policy