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Taking refund of money depsoited in criminal court

(Querist) 07 January 2013 This query is : Resolved 
Hi Sirs,
I have recently enrolled as Advocate... "A known person has approached me stating that he was cheated by someone to the extent of few lakhs of rupees. He made a complaint to police. After investigations Police recovered some amount and deposited the same with Criminal Court and advised that the amount should be drawn from the Court through an Advocate". He asked me for help... Can you please guide me how to proceed in this matter... Regards
ajay sethi (Expert) 07 January 2013
you have to make written application tot he court wherein money was deposited
Advocate Sastry (Querist) 07 January 2013
Sir,
Thank you...Is there any specific format for this.
ajay sethi (Expert) 07 January 2013
state facts and then prayer clause
Advocate Sastry (Querist) 07 January 2013
Thank you very much sir... In this matter I will be seeking your guidance.. Can you give your e mail id... Mine is kssastry2006@yahoo.com
R.K Nanda Online (Expert) 07 January 2013
file application with supporting affidavit of ur client in court for getting that money.
Devajyoti Barman (Expert) 07 January 2013
You make a simple prayer for withdrawal of money on which the court would ask for report from the police about the true identity of the petitioner.
Once the police gives no objection you would be given permission to withdraw the money.
Advocate Sastry (Querist) 07 January 2013
Dear Shri Nanda sir, Infact I thought of preparing the formal petition alonwith affidavit of my client.. Shall I have to attach documents like FIR copy, any letter from Police etc.. Regards
R.K Nanda Online (Expert) 07 January 2013
yes, u can file required documents with ur application in court so that court make orders for the release of money to ur client

accordingly.
V R SHROFF (Expert) 07 January 2013
Dear Sastry,
This are simple legal procedures, and any of you bar's sr adv member will help you locally. Even Bench clerk, or clerk sitting out in court premises will type out needed application and Affidavi for "MUDDAMAL RECOVERY"
Advocate Sastry (Querist) 07 January 2013
Dear Shroff sir,
Thank you very much.
Raj Kumar Makkad (Expert) 07 January 2013
Nothing to ad in the already given advice.
Arvind Singh Chauhan (Expert) 07 January 2013
File release application under 451 Cr.P.C. to release the case property/ Currency, on behalf of reporter.

Court may release it to that person on fulfilling some formalities like surety or personal bond or both.


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