Sec 93 crpc
Ramakrishna
(Querist) 07 April 2016
This query is : Resolved
A vehicle was seized by the police, but another vehicle number was entered in FIR. But charge sheet was not filed. Can i file 93 crpc in magistrate court to get my vehicle? Because there is no my vehicle which was entered in fir.
Devajyoti Barman
(Expert) 08 April 2016
yes,you can apply for delivery of seized car if the IO submits proper report.
r.sathyanarayanan
(Expert) 08 April 2016
first ,
you make a representation to the police clearly mentioning the details of seizure and after that you decide the course of action.
The course of action depends on police reaction to your pettion.
Rajendra K Goyal
(Expert) 08 April 2016
You should prey the court to order delivery of the seized car.
RAVI K GOUD
(Expert) 10 April 2016
A lot of info. is to be given by you regarding the seizure of the vehicle.
1) Under what offence your vehicle is seized.
2) when the offence is occurred.
3) Who are the accused in the offence.
4) Whether you are involved in the offence or not.
5) Whether the seized vehicle is your own or others or rented.
6)Why FIR is not filed.
Pls answer these queries so that we can give correct advice.
In general, if FIR is filed, any seized vehicle can be asked to release by filing a petition before the proper court or High Court, if the owner is not involved in the offence primafacie.
RAVI K GOUD
(Expert) 10 April 2016
If any other number is entered in the FIR, we have to presume that whether it is wrongly entered by mistake or typographical mistake or whether it is intentional. And mistake can be rectified after enquiry and by filing the charge sheet.
It is better you check whether your vehicle is really involved in the offence or not.
Dr J C Vashista
(Expert) 10 April 2016
Reply questions raised by expert Mr. Ravi K Gaud.
However, you are the registered owner of the vehicle or not, if yes, move application to court for release on superdari; if not the court will not release it to you.
Ramakrishna
(Querist) 10 April 2016
Sir,
they seized only vehicle, there was no accused in FIR.
but vehicle no. was drafted mistakenly. They did not produced before Court.
so I want to move with 93 crpc
Am I write?
