• Release my truck when its driver disappeared after accident

I am a transporter. My loaded truck met with one accident near Ambala. It collided with a car, and one passenger died because of accident. My truck driver ran away and still not traceable.

The local police has taken my vehicle in custody and is not agree to release the vehicle. It is even not ready to lodge my FIR against the driver and asking me to get driver instead. I tried all possible ways to trace that driver, however driver is not found yet. 

I seek experts' help to get my vehicle released and get FIR lodged against the driver.
Asked 2 years ago in Criminal Law from ambala, Haryana
1. Police is playing errant, not uncommon when accident happens.
2. Apply to the court to release your vehicle.
3. Since the vehicle is taken into custody, a case is definitely registered.
4. You have to apply in the case generally before the Chief judicial Magistrate to get the vehicle released on furnishing a Bond.
5. Arrest of driver has nothing to do get back the vehicle from police.
6. No need for separate FIR as the police is bound to run behind in the same case which must be registered as the vehicle is seized.
Devajyoti Barman
Advocate, Kolkata
5164 Answers
54 Consultations
4.9 on 5.0
If they can't driver they will take cae against you, so better try to settle the same with deceased family and tell them to file MAC T case and you will support with all necessaries
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
GENERALLY it is routine practice court will not release your truck until you get driver bailed out. plz let me know wheather your truck is insured or not. because another CASE of MACT will follow this case. you donot found solution to this problem. you may call me through phone consutation service for an easy appropriate remedy with contents of FIR
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1. You are not responsible for arresting your driver and handing him over to police. It is the duty of the police to arrest the driver and initiate prosecution against him. Police is shirking its duty by asking you to get the driver. What is the use of having police if it asks a common man to trace an accused and hand him to police.No criminal case can be filed against you for the accident caused by your driver. Only a case for compensation can be filed by the heirs of the deceased person if the vehicle was not insured.

2. The case has been registered by police and the vehicle taken into custody. The vehicle cannot be kept in custody forever. The seizure memo has been prepared by police to show that vehicle was taken in custody. So the further detention of vehicle is not justified. Police cannot refuse to release the vehicle on the ground that driver has not been arrested as there is no nexus between his arrest and keeping the vehicle in custody.

3. You should immediately move to court of the local magistrate and request him to direct police to release your vehicle. If he declines your request to order the police to release the vehicle  then move to High Court.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. You can file an application for releasing of vehicle before the Judicial Magistrate. and if police not register any 
     FIR regarding this accident than they have no right to taken vehicle in custody.
2. The Police can not file a case against you because this accident committed due to negligence of driver. 
3.  So you file a application of releasing the Truck before Judicial Magistrate.
Vikramjit Dhanotra
Advocate, Batala
4 Answers
0 Consultations
Not rated
1. What allegations you want to level while filing FIR against your driver?

2. What is the purpose of lodging such FIR against your own driver?

3. Police has already registered a case against him and has siezed the truck,

4. How does your desired  FIR against your driver helps you in getting your truck released from the custody of the police?

5. File an application before the CJM for getting the said truck released against bond of adequate amount,

6. This is the only action you should take now to get your truck released in place of searching your absconding driver.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Dear Querist
You should filed an application for release the vehicle before the court in which court jurisdiction where the FIR has been registered, it's neither your fault nor the owner of the goods lodded in your truck, the accused is your driver and the it the legal duty of police to search him, your duty is only to give information regarding his addresses and Identity only.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Hi,
 File an application under 457 Crpc to release the vehicle in the magistrate court in the area of the police station where your vehicle is detained.
In
        K.NAGARAJU, WARANGAL DT.,
        VS	
           STATE OF AP.,THR: SHO, HANAMKONDA (PROH.&EX) REP PP.,
The Apex Court has laid down that in case of vehicles seized during investigation, they should not be allowed to deteriorate by being kept unused and unattended in the premises of the Police Stations. The petitioner claims to be owner of the vehicle in question. Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to certain conditions.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hello,
What you need to do primarily is to approach the Judicial Magistrate of the location wherethe police has detained the vehicle.Getting a release order should not be a hassle as the vehicle does not require to be in police custody as already an FIR would be lodged and the seizure of the vehicle reported.
It is the duty of the police to trace the accused and hence you don't need to chase him.
Get the vehicle released asap.
If your vehicle has a valid insurance the family of the deceased will get cover/compensation.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0

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