Process to remove vehicle from NCRB Portal
2 months ago
My car got hit by a truck & later I filed a FIR against the same, now I want to sell my car but the NCRB portal shows the car was part of an accident Can we close or remove that so that the name transfer can happen
A.Dear sir
Dear Sir/Madam,
Under the following provisions the Hon’ble Magistrate Court having ample powers to unfreeze the Bank accounts. Further, the Hon’ble Court has vast powers to hand over the properties/vehicles seized by the Police and other authorities to the owners of the properties/vehicles. Such interim orders normally will be made within Thirty days of such interim application and on such orders the Police and other authorities are bound to hand over the properties/vehicles to the persons in whose favour such orders are passed.
Section 451 in The Code Of Criminal Procedure, 1973
451. Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.- For the purposes of this section," property" includes-
(a) property of any kind or document which is produced before the Court or which is in its custody,
(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.
457. Procedure by police upon seizure of property.
(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.
Keeping seized vehicle in open air may harm it; petition for custody of vehicle under Section 457 CrPC allowed
•
Madhya Pradesh High Court: A Single Judge Bench comprising of Anjuli Palo, J., addressed matter where petitioner was aggrieved by an impugned order passed by Ist Additional Sessions Judge Itarsi in a criminal revision whereby the application under Section 457 CrPC, 1973 was dismissed.
The petitioner’s vehicle was seized by the police for crime under Sections 4, 6 and 9 of the M.P. GauvansVadhPratishedhAdhiniyam, 2004 and Section 11 of PashuKoortaAdhiniyam, 1960. This petition was filed under Section 482 of Code praying the release of petitioner’s vehicle by virtue of Section 457 of the Code on grounds that impugned orders seizing petitioner’s vehicle were illegal and arbitrary and the vehicle had been kept in open space which could damage the vehicle. Court relied on the case of Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 290 where it was held that seized vehicle should be released as keeping it in open could cause harm to the vehicle. Therefore, Court set aside the impugned order as a result of which the vehicle’s interim custody was given to petitioner on furnishing of a personal bond.
Dear Sir/Madam,
Under the following provisions the Hon’ble Magistrate Court having ample powers to unfreeze the Bank accounts. Further, the Hon’ble Court has vast powers to hand over the properties/vehicles seized by the Police and other authorities to the owners of the properties/vehicles. Such interim orders normally will be made within Thirty days of such interim application and on such orders the Police and other authorities are bound to hand over the properties/vehicles to the persons in whose favour such orders are passed.
Section 451 in The Code Of Criminal Procedure, 1973
451. Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation.- For the purposes of this section," property" includes-
(a) property of any kind or document which is produced before the Court or which is in its custody,
(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.
457. Procedure by police upon seizure of property.
(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.
(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.
Keeping seized vehicle in open air may harm it; petition for custody of vehicle under Section 457 CrPC allowed
•
Madhya Pradesh High Court: A Single Judge Bench comprising of Anjuli Palo, J., addressed matter where petitioner was aggrieved by an impugned order passed by Ist Additional Sessions Judge Itarsi in a criminal revision whereby the application under Section 457 CrPC, 1973 was dismissed.
The petitioner’s vehicle was seized by the police for crime under Sections 4, 6 and 9 of the M.P. GauvansVadhPratishedhAdhiniyam, 2004 and Section 11 of PashuKoortaAdhiniyam, 1960. This petition was filed under Section 482 of Code praying the release of petitioner’s vehicle by virtue of Section 457 of the Code on grounds that impugned orders seizing petitioner’s vehicle were illegal and arbitrary and the vehicle had been kept in open space which could damage the vehicle. Court relied on the case of Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 290 where it was held that seized vehicle should be released as keeping it in open could cause harm to the vehicle. Therefore, Court set aside the impugned order as a result of which the vehicle’s interim custody was given to petitioner on furnishing of a personal bond.
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A.Dear Client,
In a situation like this, where innocent students are being collectively penalized for the actions of a few, there are several steps the affected students can take:
1. Collect Evidence:
- Encourage the students to gather any evidence or information that may help identify the actual culprits. This could include eyewitness accounts, security camera footage, or any other relevant details.
2. Communicate with College Administration:
- Form a group or designate representatives to communicate with the college administration. Provide them with the evidence you've gathered and express your concerns about the collective punishment. Request a reconsideration of the fine for students who can prove they were not involved.
3. Petition or Appeal:
- Prepare a petition or appeal outlining the reasons why the fine is unjust and gather signatures from affected students who support the cause. Present the petition to the college administration to demonstrate the collective stance against the imposed fine.
4. Student Council Involvement:
- If your college has a student council, involve them in the process. Student representatives may have better access to communicate with the administration and advocate for the rights of the affected students.
5. Legal Consultation:
- If the situation persists and the administration remains unresponsive, seek legal advice to understand the rights and options available to the affected students. Legal professionals can provide guidance on potential legal actions if the collective punishment is deemed unfair.
6. Parental Involvement:
- Inform parents or guardians about the situation. They may be able to support your case and communicate concerns to the college administration, especially if there are financial implications for the students.
7. Media Outreach:
- Consider reaching out to local media outlets to bring attention to the unjust situation. Sometimes, public awareness can influence the decisions of the administration.
8. Conflict Resolution or Mediation:
- Suggest the possibility of involving a neutral third party for conflict resolution or mediation. This can provide a structured way to address the concerns of both parties and find a fair resolution.
It's crucial for the affected students to remain calm, respectful, and focused on finding a fair solution. Open and constructive communication with the college administration is key to resolving the issue without unnecessary escalation.
In a situation like this, where innocent students are being collectively penalized for the actions of a few, there are several steps the affected students can take:
1. Collect Evidence:
- Encourage the students to gather any evidence or information that may help identify the actual culprits. This could include eyewitness accounts, security camera footage, or any other relevant details.
2. Communicate with College Administration:
- Form a group or designate representatives to communicate with the college administration. Provide them with the evidence you've gathered and express your concerns about the collective punishment. Request a reconsideration of the fine for students who can prove they were not involved.
3. Petition or Appeal:
- Prepare a petition or appeal outlining the reasons why the fine is unjust and gather signatures from affected students who support the cause. Present the petition to the college administration to demonstrate the collective stance against the imposed fine.
4. Student Council Involvement:
- If your college has a student council, involve them in the process. Student representatives may have better access to communicate with the administration and advocate for the rights of the affected students.
5. Legal Consultation:
- If the situation persists and the administration remains unresponsive, seek legal advice to understand the rights and options available to the affected students. Legal professionals can provide guidance on potential legal actions if the collective punishment is deemed unfair.
6. Parental Involvement:
- Inform parents or guardians about the situation. They may be able to support your case and communicate concerns to the college administration, especially if there are financial implications for the students.
7. Media Outreach:
- Consider reaching out to local media outlets to bring attention to the unjust situation. Sometimes, public awareness can influence the decisions of the administration.
8. Conflict Resolution or Mediation:
- Suggest the possibility of involving a neutral third party for conflict resolution or mediation. This can provide a structured way to address the concerns of both parties and find a fair resolution.
It's crucial for the affected students to remain calm, respectful, and focused on finding a fair solution. Open and constructive communication with the college administration is key to resolving the issue without unnecessary escalation.
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A.Dear Client,
The vehicle is not the criminal or an accused, therefore there is no reason to reflect the vehicle number in the NCRB database. Once the fine associated with the case has been paid, the vehicle should be removed from the NCRB criminal database. you may approach the court or the police station in whose jurisdiction the accident occurred and file a petition requesting the removal of the vehicle number from the NCRB database citing that the vehicle cannot be sold to a third party owing to the subsistence of this persisting issue. On receipt of a reply from the authority/court concerned declining to accede to your appeal, you can move the high court for relief and remedy by filing a writ petition.
The vehicle is not the criminal or an accused, therefore there is no reason to reflect the vehicle number in the NCRB database. Once the fine associated with the case has been paid, the vehicle should be removed from the NCRB criminal database. you may approach the court or the police station in whose jurisdiction the accident occurred and file a petition requesting the removal of the vehicle number from the NCRB database citing that the vehicle cannot be sold to a third party owing to the subsistence of this persisting issue. On receipt of a reply from the authority/court concerned declining to accede to your appeal, you can move the high court for relief and remedy by filing a writ petition.
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