IN THE COURT OF SH. XXCXXXXX LD.M.M.; DIST.XXXX; SAKET COURTS, NEW DELHI.

IN THE MATTER OF :-

STATE             VERSUS                  XXXXXXXXX

FIR No. XXXX

U/s.: 279/337 of IPC

P.S.: _____________

INDEX

DELHI:                                            APPLICANT/OWNER

THROUGH

DATED:-

XXXXXXXXX

ADVOCATE

IN THE COURT OF SH. XXXXXXXXXXXXLD.M.M.; DIST.XXXXX; SAKET COURTS, NEW DELHI.

IN THE MATTER OF :-

STATE             VERSUS                  XXXXXXXXX

FIR No. XXXX

U/s.: 279/337 of IPC

P.S.: _____________

APPLICATION FOR AND ON BEHALF OF APPLICANT / OWNER NAMELY XXXXXXX SEEKING RELEASE OF HIS VEHICLE (POLBLACK) MAHINDRA SCORPIO BEARING REGISTRATION NO.XXXXXX  ON SUPERDARI.

MOST RESPECTUFLLY SHOWETH :-

1.     That the captioned FIR has been registered with the XXXXXXX Police Station by the Complainant on 10.10.2023 under Section 279/337 of IPC.

2.     That the facts of the case are as : -

A.          That applicant is owner of the vehicle registration bearing No.XXXXXXXXXX . It is alleged by the complainant that on 09.10.2023 driver of the said vehicle was driving the said vehicle and hit one motorcycle at XXXXXXXXXX and run from the spot. On 10.10.2023 when the police came to the resident of the Applicant / Owner and stated that his vehicle was involved in the said incident, resulting which the captioned FIR was registered. Copy of FIR is annexed as Annexure A-1.

B.          On 10.10.2023 the police officials called the applicant / owner that the said vehicle and his driver who driven the said vehicle during the said incident. Complainant has identified the driver and vehicle of the Applicant and on identification of the same police officials seized the said vehicle of the Applicant.

3.     That the applicant is rightful owner of the said vehicle. Copy of Registration Certificate of said vehicle is annexed as Annexure A-2. Copy of Aadhar Card of the Applicant is annexed as Annexure A-3.

4.     That applicant / owner through present application seeks the permission before this Hon’ble Court to release the aforesaid vehicle Mahindra Scorpio (PolBlack) bearing Registered No. XXXXXXXX on Superdari to the applicant and applicant undertakes to produce the said vehicle as and when directed this Hon’ble Court.

5.     In view of the aforesaid facts and circumstances coupled with the judgment as passed by Hon’ble Apex Court i.e. Sunder Bhai Ambalal Desai Vs State of Gujarat, AIR 2003 SC 638. The view of the Hon’ble Supreme Court has been reiterated by Hon’ble Court Delhi High Court in case titled as Manjit Singh Vs State in Crl.M.C. No.4485/2013 dated 10.09.2014 which it has been held that “Vehicles involved in an offence may be released to the rightful owner after preparing detailed panchnama, taking photographs of the vehicle, valuation report and a security bond.

        69. The photographs of the vehicle should be attested countersigned by the Complainant, accused as well as by the person by the person to whom the custody is handed over.

        70.   The production of the vehicle should not be insisted upon during trial. The panchnama and photographs along with the valuation report should suffice for the purposes of evidence.

71.   Return of vehicles and permission for sale thereof should be the general norm rather than the exception.”

P R A Y E R

It is therefore, respectfully prayed that this Hon’ble Court may kindly release the vehicle Mahindra Scorpio (PolBlack) bearing Registered No. XXXXXXXXXX to the applicant on Superdari, in the interest of justice.

It is prayed accordingly.

DELHI:                                            APPLICANT/OWNER

THROUGH

DATED:-

XXXXXXXXXXXX

ADVOCATE