APCrRPCO Form No. 61 : Notice
Act
Summary
Form No. 61 of the Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, serves as a notice for property restoration under Section 452 of the Criminal Procedure Code. This form is issued by the Magistrate's Court to inform individuals about the court-ordered return of property. Recipients are instructed to appear and take possession of the specified property promptly.
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Explanation using Example
Example 1: Return of Stolen Property
Introduction: Ravi, a shop owner in Andhra Pradesh, had his laptop stolen during a burglary. The police recovered the laptop and presented it as evidence in the trial against the accused.
Application: According to Form No. 61 of The Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, the Magistrate issues a notice to Ravi, informing him that the laptop is ordered to be restored to him. The notice includes a description of the laptop and instructs Ravi to collect it from the court.
Outcome: Ravi receives the notice and retrieves his laptop from the court. If Ravi fails to collect the laptop within a specified period, he might lose the opportunity to reclaim it, and the court may decide on alternative measures for the property.
Conclusion: Compliance with the notice ensures Ravi regains possession of his property. Non-compliance could lead to complications in reclaiming the laptop.
Example 2: Return of Confiscated Vehicle
Introduction: Priya's car was confiscated by the police during an investigation into a hit-and-run case. The court later determined that Priya was not involved in the crime.
Application: Under Form No. 61, the Magistrate issues a notice to Priya, stating that her car is to be restored to her. The notice provides details about the car and instructs Priya to appear at the court to take possession.
Outcome: Priya follows the instructions in the notice and retrieves her car. If Priya does not respond to the notice, the car may remain in police custody, potentially incurring storage fees or other complications.
Conclusion: By responding promptly to the notice, Priya avoids additional costs and regains her vehicle. Ignoring the notice could result in financial and legal challenges.
Example 3: Recovery of Seized Jewelry
Introduction: During a raid on a suspected smuggling operation, the police seized jewelry belonging to Anjali, who was later proven to have no involvement in the crime.
Application: The court issues a Form No. 61 notice to Anjali, detailing the jewelry and instructing her to collect it. The notice specifies the date by which Anjali must appear to reclaim her property.
Outcome: Anjali collects her jewelry within the stipulated time. Failure to do so could result in the jewelry being held indefinitely or disposed of according to court procedures.
Conclusion: Anjali's timely response ensures the return of her property. Non-compliance could lead to loss of the jewelry or legal hurdles in reclaiming it.
Example 4: Return of Confiscated Documents
Introduction: During an investigation into fraudulent activities, the police confiscated business documents from Raj's office. Raj was later cleared of any wrongdoing.
Application: The Magistrate issues a Form No. 61 notice to Raj, indicating that the documents are to be returned. The notice includes a description of the documents and a deadline for collection.
Outcome: Raj retrieves the documents promptly. If Raj ignores the notice, he risks losing access to important business records, affecting his operations.
Conclusion: By complying with the notice, Raj avoids operational disruptions. Non-compliance could lead to significant business challenges.