Regarding superdari

Query not clear. Do you want to get your vehicle relieved?

Yes Sir. one of my friends motor vehicle was stolen and now it is in the custody of the Police. I know that he shall submit an application for release on superdari through an Advocate. But I got a doubt , is it has to be submitted along with the Vehicle documents, and a sworn statement stating that the application is true or just the application is sufficient??.....  I have this doubt since three days and could not able to find the info..... plz guide  ;-)  thank you :-)

Same day will happen everything. Judge will ask bond and you need to submit along with affidavit. Xerox copy of vehicle paper duly attested is enough.

Thank you so much for clearing the doubt ..... it's very helpful....... Wish you have a great day :-)

Dear Sir,

May I please know,

1) what is the procedure in the court, if the complaint was filed in Police station "A" but the vehicle was recovered in Police station "G"? 

2) when we saw the case status online, it says the case is disposed, so when case is dismissed/disposed what is the procedure, how shall we approach the court for superdari? only superdari application would suffice?

3) what is the difference between advance application, recall application and a memo?

Dear Jai Kiran Nagwan,

Kindly reply............

 

Dear Sir,

May I please know,

1) what is the procedure in the court, if the complaint was filed in Police station "A" but the vehicle was recovered in Police station "G"? 

2) when we saw the case status online, it says the case is disposed, so when case is dismissed/disposed what is the procedure, how shall we approach the court for superdari? only superdari application would suffice?

3) what is the difference between advance application, recall application and a memo?

4) What is "PF" number assigned by the police?  Is it mandatory to mention the PF number while applying for superdari?

what if the PF is assigned but not mention in superdari application?

Sir, i was discussing with an advocate but he could not answer,      please reply asap......................

 

Hearty thanks  ;-)

Kindly reply............

  very much in need of the info........ plz reply asap..........

Dear Sir,

May I please know,

1) what is the procedure in the court, if the complaint was filed in Police station "A" but the vehicle was recovered in Police station "G"? 

(Complaint was filed in PS A, but vehicle is recovered by PS G, should we file release application in PS A's court or PS G's ??)

 

2) when we saw the case status online, it says the case is disposed, so when case is dismissed/disposed what is the procedure, how shall we approach the court for superdari? only superdari application would suffice?

3) what is the difference between advance application, recall application and a memo?

4) What is "PF" number assigned by the police?  Is it mandatory to mention the PF number while applying for superdari?

what if the PF is assigned but not mention in superdari application?

Sir, i was discussing with an advocate but he could not answer,      please reply asap......................

 

Hearty thanks  ;-)

it's been 8days, but not a single reply......... plz help the learners....... sincere thanks :-)

Answer the below first: 1. Have you filed FIR? 2. Has the police undertook investigation? 3. Has police submitted investigation report to court? 4. Have you ever been appeared in court in this matter? 5. If you appeared, has your statement as prosecution witness recorded by the court? 6. What was your statement in the court? If you will discuss with advocate and contradict him after gaining half knowledge and without giving him authority to work for you, he will always ignore you.

Also name the place matter belongs to.

Hello Sir, please find the details below....

1. Have you filed FIR?

Yes Sir. Fir was filed immediately after the motor vehicle was stolen.  ( Bangalore is the place,  complainat was made in Mahalakshmi layout PS and recovered by Jayanagar PS.)

2. Has the police undertook investigation?

No information as to that.  But since the insurance was claimed, the insurance company has informed the complainant/vehicle owner that the vehicle has been recovered, they said they tracked it online.  But the Police were silent upon the matter.  After hearing from the insurance company owner called the Police and they said it's been recovered.

But complaint was given in police station 'A' and recovered by PS 'G'.

Complaint was filed in September 2014, but recovery information got in January 2015.

The PS 'A' says it has got no transfer from PS 'G',......

Initially case has been disposed in September itself...... It is a theft case, initially accused was unknown. But  now accused is arrested and vehicle seized.

3. Has police submitted investigation report to court?

No.

4. Have you ever been appeared in court in this matter?

Yes. The Advocate had filed an application in Magistrate's court,  since no accurate details were found,   Advocate used the FIR number and claimed for release in PS 'A' 's court. But it was not fruitful....

They said, they need to take transfer of vehicle and it will take more than 3 to 4 months, so file in PS 'G's court itself for sooner release........

(complainant is different from the owner, complainant is not available at the time)

Later Advocate has filed an application in PS 'G's court, after collecting PF number from PS "G'......... (PF number was not available with the PS 'A' where complaint was filed)

 

but the problem is, complainant is different from the owner. Vehicle was possessed by complainant, and there are original documents....... 

5. If you appeared, has your statement as prosecution witness recorded by the court?

No.

6. What was your statement in the court?

just has filed an application for release.....

If you will discuss with advocate and contradict him after gaining half knowledge and without giving him authority to work for you, he will always ignore you.

No Sir. Advocate is well known to us. He was our senior at the college.  I could not discuss with him at all.... I only know the above information through my friend who had lost the vehicle.  may be he  was busy with other matter, but he is proactive.........

 

===.>  Can the application be filed by an Advocate himself without the signatures of the applicants on applications with the authorisation through Vakalathnama??

 

I felt so happy looking at your reply :-) thank you so much for replying and guiding me........

I believe, complainant purchased second hand car, but was not transfered on complainant name and mean time car had been stolen. If so, I don't think insurance company would have released claim. Another fact, car was seized / recovered by police station "G" and fir was filed in police station "A" therefore police station "G"officer must have produced the accused to court. Now both police station are playing intentionally, However action for you to file application u/s 451/452/ 457 of Cr. P. C. In police station "G" court. At the same time, you should get sale deed, NOC, transfer papers from original honour.

No Sir, not second hand, it's a two wheeler and there are original documents.......

We have filed under Sec 457 of Cr.P.C.....  is there any other procedure, where we can claim the vehicle?

Law says something and practices at courts differ Sir, when we filed an application, FIR No. was made look bold on top of the page, yet they said they could not find the case, later we paid some amount, they called the police asking for the fie/report, and then file was sent to the court......  very discouraging for us who ambitiously think of practice.......

As you said, it may be intentional...... Good evening :-)

Hello Sir,

May I please know the amount of stamp duty for executing  GPA for the purpose of vehicle release? I believe it is Rs. 100/- if I am not wrong.   Is there a  specific amount mentioned for GPA, standard duty payable, minimum. Is it available under stamps act?  Hearty thanks :-)