File writ petition against n HC to direct NCRB to remove track from criminal data base and to direct RTO to issue NOC and transfer vehicle
Truck number not getting removed from NCRB database
We own a transportation company. One of our truck met little accident and it was seized by the police and ultimately presented in the court and Court imposed little fine that was paid and truck was released. But the truck number is still showing up in the NCRB (ncrb.gov.in) database. Now we want to sell the vehicle and we have contacted the NCRB and requested them to remove the truck number from the database. But they are saying that even if the case is resolved and fine paid they cannot remove it from the criminal record database. On the other hand the RTO is saying that he cannot issue NOC or transfer the vehicle until it is showing up in the NCRB criminal database. What should we do?
Asked 2 years ago in Civil Law
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8 Answers
But this will be very long legal process and it might take a lot of time. Is there any simple way to do this just like filing RTI or something else ?
Asked 2 years ago
Filing RTI application would not yield desired results
Accident occurred due to error of driver not of truck. After payment of penalty, offence is settled, there is no reason for ncrb to show truck in its record. Fie a writ in High Court, a direction will be issued to ncrb to remove truck No. It will take two months.
the truck should be removed from the NCRB criminal database once the fine associated with the case has been paid. In order to do so, you may approach the court or the police station in whose jurisdiction the accident occurred and file a petition requesting removal of the truck's number from the NCRB database. The court or the police station may also issue a no-objection certificate to the RTO in order to facilitate the sale or transfer of the truck. Furthermore, you may approach the NCRB and submit an application for removal of the truck number from the criminal database.
The truck is not the criminal or an accused, therefore there is no reason to reflect the truck number in the NCRB data base.
The truck owner can move an application before the concerned authorities expressing their concern over this embargo and request for removal of the same citing that the vehicle cannot be sold to a third party owing to the subsistence of this persisting issue.
Get a reply from the authority concerned declining to accede to your request after which you can move high court for relief and remedy by filing a writ petition.
What is RTI act, it is meant only for obtaining information about your query and it is not a solution.
The writ petition will not take much time, you have no other option than this if you want to handle it by applying legal procedures or due course of law.
Yes you need to seek direction of the court if not done
One option you could explore is to file a Right to Information (RTI) application with the NCRB seeking information on the process for removing the truck number from the criminal record database. This may help you understand the legal procedure and steps you need to take to remove the record.
You could also consult with a local lawyer who specializes in criminal law or transportation law. They may be able to help you navigate the legal process and expedite the removal of the record from the NCRB database.
Finally, you could approach the RTO and explain your situation to them. They may be able to provide some guidance or assistance on how to proceed in this matter.
