279 IPC
Meg Nath Sharma
(Querist) 16 June 2011
This query is : Resolved
Sir i had a matter pertaining to 279/337 IPC and is pending for last two years.i recently got this matter from my client.the vehicle involved in the accident is still in the police custody. so it is been 2 years...so do i required I/O 's NOC to release the said vehicle.?
Is there any rulings of HC SC pertaining to this?
please help me sir...
Regards
Mrg Nath Dhungel
M.Sheik Mohammed Ali
(Expert) 16 June 2011
yes, you file petition that recovery of vehicle, they will order to release the vehicle.
Sarvesh Kumar Sharma Advocate
(Expert) 16 June 2011
hello,
sharma jee!
dear who is the owner of that vehicle?
show all paper (ragistration,insurance,and other relevent paper)and also the driving licence of that vehicle before the courtand release from the court!
why you required I/O 's NOC to release the said vehicle.?
when the matter is in the court!
there is a detaild HON'BLE SUPREME COURT'S ruling regarding vehicle release SUNDAR LAL AMBA BHAI DESAI
Ravikant Soni
(Expert) 16 June 2011
A registered owner can apply to the concerning magistrate for release of vehicle under section 457 of Cr.P.C.
prashant pundhir
(Expert) 16 June 2011
If the driver of the vehicle has got the bail and the technical specification of the said vehicle have been done,owner of the vehicle can give the release application to the court with r/c and driving licence .Insurance is not compulsory as the vehicle is in police custody since last two years .
PALNITKAR V.V.
(Expert) 17 June 2011
The registered owner can file application for return of the vehicle pending disposal of the case. Normally, such applications are allowed after hearing the prosecution.
