90,000+ Legal Questions Answered

Police siezd bike without fir Police siezd bike without fir

2 weeks ago

My family member meet with small accident in which they and opposite person gets minor injury so may family members get's the person hospital do everything and the person didn't complain about it but police siezd my bike without any fir and it's been 15 till now my bike was on police station so what to do right now

Anik

Responded 2 weeks ago

View All Answers
A.Dear Client,
even when there is no damage caused the police can retain vehicle only for 24 hrs but if they do so beyond that then you can file a complaint at the magistrate to direct the police to release the vehicle When the police seize the property and report it to the Magistrate during a trial, the Magistrate may make an order under Section 457(2) CrPC to dispose or deliver the property to the person entitled to the possession of the property on the conditions which the Magistrate thinks fit. The owner of the property needs to establish the claim within 6 months from the issuing of proclamation. If no one proclaims the property the magistrate under Section 458 CrPC passes it to the government and which can be sold by the government.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 weeks ago

View All Answers
A.Dear Client,
Unless a victim or injured in a road accident lodged an FIR to the local police station Police can neither register an FIR nor can seize the vehicle involved in the accident. You can make a private complaint to the Magistrate concerned under Sce.200 Cr. PC. Magistrate after hearing the matter, may order the police to release the vehicle seized in the absence of an FIR.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 weeks ago

View All Answers
A.Dear Sir,
Since no FIR was registered so you may claim your bike being in good books with Police. If you approach Court it may direct the Police to realize the vehicle.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconParking Cars on a Narrow - 7 meter wide road
Dear Client, You can discuss the issue with the owner and try to solve the matter amicably. Though the person has a right to park the vehicle on his side of the road, the same should not cause trouble...
question iconConsequences of Adding late before father's name when status of living not known
Dear Madam If any person is not heard of for more than 7 years it will be deemed that he is dead. On that presumption you can use late IN front of your's father name.
question iconNeed some consultation
Dear Sir, You may approach the concerned Police through email and registered post and also get issue a legal notice.
question iconSomeone hit my car from behind
Dear Client, It may be noted that currently, hit-and-run cases are tried under Section 304A of the Indian Penal Code, which provides for the accused a penalty of up to two years in jail. All cases of...
question iconcomplaint againt police office Mahe police station
Dear Sir, It is nothing but high handedness and this incident should be brought to the notice of Hon’ble High Court, Home Ministry and Media then only you will get the justice.