Application for Release of Property (Section 457 CrPC) (India)
This document is a formal application used to request the return of property seized by the police during an investigation. It is submitted to a Magistrate or Sessions Court under Section 457 of the Criminal Procedure Code (CrPC) when the property is not being produced during an active trial.
Application sec 457 of CrPC, 1973
FULL TITLE
BEFORE THE METROOLITAN MAGISTRATES COURT
AT ……….
OR
HON’BLE SESSIONS COURT AT ……
C.C. No. ……….. of 2012
ABC Applicant
Versus
The State of Maharashtra
(through XYZ Police station)
APPLICATION U/S 457 OF CrPC, 1973, PRAYING FOR RETURN OF PROPERTY
MAY IT PLEASE YOUR HONOUR
The Applicant hereinbefore beg to state as under –
In view of the facts stated hereinbefore, the Hon’ble Court may be pleased to –
a. Direct the Respondents to return the said (Property), seized in C.R. No. to the Applicant on executing PR Bond;
b. Any other and further relief as this Hon’ble Court deems fit and proper in the facts and circumstances of this case.
FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY FOR
Dated this ____Day of __________, 20___
ABC
Applicant
XYZ
Advocate for the
Applicant
Section 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.
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