Application format to release stolen vehicle from Police Custody, with Affidavit.

Application to Court to release stolen vehicle recovered by the Police from the Custody of Police or any other authority.

The Police, after recovering the stolen vehicle, will submit property form to the nearest court. The property form includes details like as FIR number, description of the property, crime, officer in-charge of the case etc. While submitting property form to the court, the police or the complainant can seek custody of the stolen item till the closure of the case. If police take custody of a stolen vehicle, it is their responsibility to ensure that vehicle is intact till the time of case closure. Temporary handing over of the vehicle is done through the court's interim order. The complainant/ owner has to submit an indemnity bond by paying a fee of Rs __ to the court. In the bond, he/ she has to assure of producing the item during case hearing whenever the court asks for it. The court at the end of the trial, decides who the real owner of the stolen item is.

Sample format of Application for Release of Vehicle is given below:

 

 

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE AT _________

CASE NO. __________ OF 20__

(Affix Court Fee stamp of Rs. ___)

IN THE MATTER OF:

STATE                                                    COMPLAINANT

VS

A__                                                         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 on _______ at about 7.30 PM the Applicant parked his car outside his house and it was in tact till 11.30 PM, when the Applicant had gone to bed. In the morning ar around 6.30 AM the Car was found missing from there. Despite search in different places, the Car was not traceable.

3. That the Applicant immediately reported to matter to the Police by dialing 100. Two Policemen reached the residence of the Applicant and collected information. After that the Applicant went to the Police Station at __________ whereupon case FIR No. ____ dated _____ was registered.

4. That toady ____ Sub-Inspector of Police Station _________informed the Applicant about recovery of his vehicle from a thief. Thereupon, the Applicant went to the Police station and identified his Car lying in the Police Station.

5. That the Police told the Applicant that his car is no longer required for further investigation. The Applicant is in need of his car. In case it is allowed to remain at the Police station, it may get damaged being out of use.

6. The Applicant humbly pray that his car No____ may please be released to him on Superdari. The Applicant Assure its production before the court as and when required by the Police or the Court.

7. 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_____ on Superdari to the Applicant.

AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPLICANT AS IN DUTY BOUND, SHALL EVER PRAY.

APPLICANT

THROUGH

Place :

Date :

 

 

 

IN THE COURT OF THE CHIEF METROPOLITAN MAGISTRATE AT _________

CASE NO. __________ OF 20__

IN THE MATTER OF:

STATE                                                    COMPLAINANT

VS

A__                                                         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 ______

2. That my above vehicle was stolen on _______ and an FIR No_____ dated was lodged at __________ Police Station.

3. That my above car has been covered by Police from the thief and presently is under custody of Police.

4. That the Police told the Applicant that his car is no longer required for further investigation.

5. 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