Petition format to release accident vehicle from
seized by Police, from Police Custody, with Affidavit. [CD1]
Petition to Court to release seized vehicle from
the Custody of Police.
Generally there are three type of motor accidents. The
amount of damage caused in the accident ascertains the legal procedure to be
followed after the accident. The types of damage caused by the accident are:
1. Accident causing no damage
2. Accident with minor damage
3. Accident with Major
injuries likely to cause or result in the death of the victim.
In case of an accident
when the police seize the vehicle for the purpose of investigation or an
inquiry and file a case, the owner or any other person authorized by him can
file an application to get back his vehicle during the proceedings under
Section 451 of CrPC. When the trial is pending in the court the owner of the
vehicle can file an application annexed with documents proving ownership of the
vehicle. After filing an application the applicant has to comply with all the
directions issued by the court.
The trial court can pass orders for custody or
disposal of the vehicle during an inquiry or trial. The interim custody of the
motor vehicle is given to the person in whose name the motor vehicle is
registered with the registering authority unless a superior title is
established by another person.
Sample format of Application for Release of Vehicle
seized by Police is given below:
IN THE COURT OF THE CHIEF JUDICIAL
MAGISTRATE AT
_________
CASE NO. __________ OF 20__
(Affix Court Fee stamp of
Rs. ___)
IN THE MATTER OF:
A___
COMPLAINANT
VS
B___
ACCUSED
FIR No__________ Dated _________
Under Section ________
Police Station _________
APPLICATION FOR RELEASE OF CAR NO_____
MOST RESPECTFULLY SHOWETH:
1.
That the Applicant is the registered owner of Car
Registration No__________, Engine No_______ Chassis No___________.
2.
That the vehicle met with an accident at on ______ at about
____
P.M..
3.
That the above vehicle has been covered by the Police and
presently is under custody of the Police , Police Station. An F.I.R. No._____ ,
under Section 279, 337 of the Indian Penal Code has also been lodged by the
Police Station. Necessary investigations have been completed by the police.
4.
That the Police told the Applicant that his car is no longer
required for further investigation.
5.
That the Applicant need the above vehicle to carry out its
repairs.
6. That the above vehicle may
be released to the Applicant along with documents and license against proper
security and conditions as deemed fit and proper by this Hon'ble court so that
I can carry out necessary repairs.
7.
It is, therefore, the most humbly prayed that your honour be
pleased to order the release of my above vehicle along with documents and
license against the security and conditions as deemed fit and proper by your
honour. Such other orders may also be passed in favour of the petitioner as
deemed fit and proper by this Hon'ble Court in the facts and circumstances of
the case.
8.
The Applicant is ready and willing to give undertaking or
furnish requisite bond.
P R A Y E R
That the Applicant, therefore, prays:
a) that the court may pass order to release his Car
No_____ along with Driving License and documents to the Applicant.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY
BOUND, SHALL EVER PRAY.
APPLICANT
THROUGH
______ADVOCATE
Place :
Date :
IN THE COURT OF THE CHIEF
JUDICIAL MAGISTRATE AT
_________
CASE NO. __________ OF 20__
(Affix Court Fee stamp of
Rs. ___)
IN THE MATTER OF:
A___
COMPLAINANT
VS
B___
ACCUSED.
AFFIDAVIT
I, Mr. / Ms.
_______________ aged _________ years, Occupation _______ Resident of ________
the Applicant do solemnly affirm and say as follows:
1.
That I am owner of Car No ______ and Respondent in the above
mentioned matter.
2.
That the vehicle met with an accident at on ______ at about
____
P.M.
3.
That the above vehicle has been covered by the Police and
presently is under custody of the Police , Police Station. An F.I.R. No._____ ,
under Section 279, 337 of the Indian Penal Code has also been lodged by the
Police Station. Necessary investigations have been completed by the police.
4.
That the Police told the Applicant that his car is no longer
required for further investigation.
5.
That the Applicant need the above vehicle to carry out its
repairs.
6.
That my above vehicle may be ordered to be released to me
against proper bond or undertaking as required so that I can use the vehicle
for my daily needs.
Signed at ___________ this ___________ day of
___________20__
DEPONENT VERIFICATION
I, __________ the above named deponent do hereby
verify on oath that the contents of the affidavit above are true to my personal
knowledge and nothing material has been concealed or falsely stated therein.
Signed and verified this _______ day of _______ 20
_______ at
_______
DEPONENT
[CD1]Petition
format to release accident vehicle from seized by Police, from Police Custody,
with Affidavit.
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