• Car theft

I had purchased a second hand car in Oct 2008. The car is Hyundai make and year of manufacture is 2002 / registration is 2003. I am the second owner of the car. The car was stolen by thieves in April 2010 from out side of my society. I lodged a police complaint with the local police station immediately and after 4 -5 days the car was found out by Police. Since i had lodged a police complaint the police returned the car to me by signing a bond in the court that the i will not be able to sell or dispose the car till the proceedings are heard in court. I had the copy of that bond with me which i unfortunately got misplaced during my home shifting. Once copy of the bond is with Police and one with the advocate who helped me during the time when the court released the car after signing the bond. However it seems that both of them have lost it and there is no record of it. I am not in a position to maintain this car and i cannot sell this car too as nobody wants to purchase it because of the court matter etc. Please advise how i can come out of this.
Asked 2 years ago in Civil Law from Navi Mumbai, Maharashtra
1) you will have to move court seeking permission to sell  your car recovered  by the cops 

2) make an application under Section 451 Cr.P.C. for permission to sell the vehicle on the grounds that it was more than 10  years old, it required lot of maintenance/repair and its market value had depreciated.

3) SC in case of in Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283, Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 290 and General Insurance Council v. State of A.P., (2010) 6 SCC 768 held that the photographs of the vehicle can be used as secondary evidence during trial and it is not necessary to produce the vehicle at the time of trial.
Ajay Sethi
Advocate, Mumbai
45700 Answers
2688 Consultations

5.0 on 5.0

The incident took place in 2010 and the trial is still not completed? Be that as it may, during the pendency of the case you cannot dispose the vehicle except with the permission of the court. So you should apply to the court to permit you to sell the vehicle as it is losing its value. The court may permit you.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

get duplicate copy from RT0 if your name was entered in form 29, as owner of the car. If it is not entered then previous owner has right to get it under section 457 and 458 of Cr PC. Police is bound to give possession to its true owner. 
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

You cannot dispose the car till the court case is completed/disposed. 
If you have lost the bond, you may apply for another or duplicate bond through court. 
T Kalaiselvan
Advocate, Vellore
35869 Answers
390 Consultations

5.0 on 5.0

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