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Section 451/457 CrPC: Can You File a Second Application After Rejection?
When seized property like vehicles, cash, or machinery becomes entangled in criminal proceedings, owners often seek interim custody (supurdginama) under Sections 451 and 457 of the CrPC. But what happens when your first application under Section 451/457 is rejected? Is a second application maintainable? This is a common dilemma for litigants facing prolonged trials where property depreciates daily.
In this post, we explore the maintainability of second applications based on judicial precedents, statutory provisions, and practical considerations. Note: This is general information, not legal advice. Consult a qualified lawyer for your specific case. Legal outcomes vary by facts and jurisdiction.
Understanding Sections 451 and 457 CrPC
Section 451 CrPC empowers magistrates to release seized property to rightful custodians pending trial or inquiry. Courts must balance:
- Preservation of property (vehicles rust, perishables spoil)
- Trial requirements (property as evidence)
- Prima facie ownership proof
Section 457 CrPC applies post-trial for disposal of seized property not needed as evidence.
The purpose behind exercise of powers under Sections 451 and 457 of Criminal Procedure Code is to see that the vehicle is not kept unattended while lying in the Court premises or police station so that it does not become junk day by day. JEEVAN PUNDLIKRAO KENDRE VS STATE OF MAHARASHTRA - 2004 Supreme(Bom) 1282
Key factors courts consider:
- Registered ownership (RC book, insurance)
- No misuse risk
- Execution bond/supurdginama with conditions
- Nature of offence (e.g., smuggling vs. minor theft)
The Core Issue: First Application Rejected – Second Maintainable?
Direct answer: Yes, second applications are generally maintainable if:
1. New facts/evidence emerge (changed circumstances)
2. First rejection procedural (not on merits)
3. No res judicata (final adjudication of title)
4. Fresh grounds presented
However, frivolous repeats face dismissal with costs.
Case Law Insights on Second Applications
1. Multiple Applications Allowed with Changed Circumstances
In WRITER BUSINESS SERVICES PVT LTD THR ROHIT NANDKUMAR KALE vs THE STATE OF MAHARASHTRA AND ORS, petitioner filed second application under Sections 451/457 after first rejection:
Amit Theng filed an Application bearing No.911 of 2020 under Section 451 and 457 of Cr.P.C... He also submits that... respondent no. 5 has no locus standi to prefer the application under Section 451 r/w section... WRITER BUSINESS SERVICES PVT LTD THR ROHIT NANDKUMAR KALE vs THE STATE OF MAHARASHTRA AND ORS
Court examined locus standi and merits afresh, indicating second filings permissible.
2. Post-Trial Shift from 451 to 457
THAMPI vs STATE OF KERALA - 2026 Supreme(Online)(Ker) 12278 clarifies:
An interim custody application for property pending trial is unsustainable if trial has concluded; the relevant provision becomes Section 452... The court reasoned under Section 451's applicability before trial conclusion... THAMPI vs STATE OF KERALA - 2026 Supreme(Online)(Ker) 12278
Transition tip: After trial conclusion, refile under Section 457 – treated as fresh.
3. Rejection Doesn't Bar Reconsideration
SRI. N SURESH vs STATE OF KARNATAKA - 2025 Supreme(Online)(Kar) 20467 remanded for reconsideration:
The matter is remitted back to the Trial Court for reconsideration/consideration of the application filed by the petitioner under Sections 497 and 503 of BNS, 2023 (Section 451 and 457 of Cr.P.C)... SRI. N SURESH vs STATE OF KARNATAKA - 2025 Supreme(Online)(Kar) 20467
Joint claims? Courts direct fresh hearings for both parties.
4. Statutory Bar in Special Laws Overrides CrPC
Essential Commodities Act blocks seconds during confiscation:
The Chief Judicial Magistrate rejected the release application, citing non-maintainability due to pending confiscation proceedings... The application u/s. 482 Cr.P.C. was dismissed... Rajesh Kumar Yadav VS State of U. P. - 2021 Supreme(All) 1371 Rajesh Kumar Yadav VS State of U. P. - 2021 Supreme(All) 85
Ratio: Special Acts (ECA, Forest Act, Excise) prevail over CrPC Sections 451/457.
When Second Applications Succeed
| Scenario | Maintainable? | Key Precedent |
|----------|---------------|---------------|
| New evidence (fresh RC, ownership docs) | ✅ Yes | JEEVAN PUNDLIKRAO KENDRE VS STATE OF MAHARASHTRA - 2004 Supreme(Bom) 1282 |
| Procedural defect in first order | ✅ Yes | Aashish vs The State Of Madhya Pradesh - 2021 Supreme(Online)(MP) 6831 |
| Trial concluded (shift to 457) | ✅ Yes | THAMPI vs STATE OF KERALA - 2026 Supreme(Online)(Ker) 12278 |
| Special Act confiscation pending | ❌ No | Rajesh Kumar Yadav VS State of U. P. - 2021 Supreme(All) 1371 |
| Identical grounds, no change | ❌ No (costs possible) | General principle |
Pro tip: Always attach affidavit of changed circumstances.
Practical Strategy for Filing Second Applications
Step 1: Analyze First Rejection Order
- Merits-based? (ownership disputed) → Need stronger proof
- Procedural? (no hearing) → Highlight violation
- Interlocutory? Revision maintainable if rights adjudicated Babu Lal Jain VS State Of Haryana - 1997 Supreme(P&H) 1099
Step 2: Gather Fresh Evidence
- Updated RC/insurance
- No-objection from prosecution
- Valuation report (depreciation proof)
- Bond with surety
Step 3: Choose Correct Forum
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- Magistrate: First/Second instance (451/457)
- Sessions: Revision u/s 397
- High Court: 482 (exceptional)
Avoid: Successive revisions – second revision barred.
Revision Against Rejection Orders
Maintainable if not purely interlocutory:
The maintainability of a revision petition against an order passed under Section 451, Cr.P.C. depends on the nature of the order... if the order is not interlocutory in nature and has adjudicated the rights of the rival parties, the revision is maintainable. Babu Lal Jain VS State Of Haryana - 1997 Supreme(P&H) 1099
High Court powers u/s 482: Supervisory jurisdiction for manifest injustice.
Special Scenarios
Vehicle Seizures (Most Common)
- Trucks/Cranes: Release to registered owner unless special Act bars Kohinoor Pulp and Paper Pvt. Ltd. VS State of Assam - 2018 Supreme(Gau) 826
- Conditions: GPS, no-sale clause, trial production
Cash Seizures
Retain if offence-linked (gambling) Chandu Chaitram Aswani VS State of Maharashtra - 2003 Supreme(Bom) 363
Passport Seizures
Illegal if not stolen/suspect property S. SATHYANARAYANA VS STATE OF KARNATAKA - 2003 Supreme(Kar) 81
Key Takeaways
- Second applications under 451/457 CrPC are maintainable with new facts – don't hesitate if circumstances change.
- Check special laws – ECA/Forest Act bar jurisdiction during confiscation.
- Document everything: Affidavits, bonds, ownership proofs crucial.
- Timelines matter: Property depreciates – act swiftly but strategically.
- Revisions work: If order adjudicates rights, challenge via 397/401/482.
Final word: Courts prioritize property preservation without compromising trials. Persistence with merits pays off, but avoid abuse.
Disclaimer: This analysis draws from reported cases JEEVAN PUNDLIKRAO KENDRE VS STATE OF MAHARASHTRA - 2004 Supreme(Bom) 1282 Babu Lal Jain VS State Of Haryana - 1997 Supreme(P&H) 1099 WRITER BUSINESS SERVICES PVT LTD THR ROHIT NANDKUMAR KALE vs THE STATE OF MAHARASHTRA AND ORS. Laws evolve; seek professional advice for case-specific strategy.
Search Results for "Section 451/457 CrPC: Second Application After Rejection?"
1981 0 Supreme(SC) 511 • India - Supreme Court
A.C.GUPTA, V.D.TULZAPURKAR, S.MURTAZA FAZAL ALI, R.S.PATHAK, P.N.BHAGWATI, D.A.DESAI, E.S.VENKATARAMIAH
Suraj Bhan, J. rejected his application upholding the order of allocation of the petition to him. ... Singh alone was granted and in respect of others the application was rejected. ... Immediately on filing this application the petitioner requested the Court to fix an early date of hearing of#HL_END....
1993 0 Supreme(SC) 922 • India - Supreme Court
S. P. BHARUCHA, S. R. PANDIAN, M. M. PUNCHHI, KULDIP SINGH, G. N. RAY, YOGESHWAR DAYAL, A. S. ANAND, A. M. AHMADI, J. S. VERMA
and the parameters of the Constitution. ... Union of India (hereinafter referred to as the uoi) to fill the vacancies of Judges in the Supreme court and the several High courts ... a complete independence of judiciary - Not only will the credibility of the judiciary stagger and decline but also the entire judicial ... Since neither before #HL_S....
1976 0 Supreme(SC) 199 • India - Supreme Court
A.N.RAY, H.R.KHANNA, M.H.BEG, P.N.BHAGWATI, Y.V.CHANDRACHUD
went into matter that presidential order did not affect maintainability of habeas corpus petitions to question legality of detention ... , 1971 - Sections 16A, 12, 2, 3, 7, 2, 9, 18, 10, 6, 13, 11, 19, 14, 16, 17, 15, 4 and 5 - Emergency Powers Act, 1964 - Section 1 ... - Emergency Powers Act, 1920 - Section 1 - Presidential Order, 1975 - Sections 16A, 8, 12 and 18 - Madhya Pradesh Public Security ... , J. held that the#HL....
2019 8 Supreme 1 • India - Supreme Court
RANJAN GOGOI, S. A. BOBDE, D. Y. CHANDRACHUD, ASHOK BHUSHAN, S. ABDUL NAZEER
idol and its interests – Suit 5 is maintainable as a suit instituted by a next friend on behalf of first and second plaintiffs ... Lord Ram – Admissibility of books and travelogues cannot be denied in view of Section 57 – Section 81 of Evidence Act also contemplate ... on the ground of being a perpetual minor stand exempted from application of ....
2022 7 Supreme 193 • India - Supreme Court
A. M. KHANWILKAR, DINESH MAHESHWARI, C. T. RAVIKUMAR
of money-laundering upto filing of complaint in respect of offence under Section 3 of 2002 Act is fully governed by provisions of ... is not open to Court to have a second guess at such a policy. ... – Search of a female person can be done only by a female – Upon seizing property concerned office to submit application before Adjudicating ... that the prerequisite for th....
2026 Supreme(Online)(Ker) 12278 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
... ... Issues: The core question was the maintainability of the application for interim custody post-trial. ... Statute Analysis: Sections 451 and 452 of the Code of Criminal Procedure address custody of property pending trial and disposal after ... ... ... Ratio Decidendi: The court reasoned under Section 451#HL....
2021 0 Supreme(All) 1371 • India - Allahabad
SUBHASH CHANDRA SHARMA
The Chief Judicial Magistrate rejected the release application, citing non-maintainability due to pending confiscation proceedings ... Final Decision: The application u/s. 482 Cr.P.C. was dismissed as it was deemed devoid of merits and did not warrant any interference ... Issues: The issue before the court was whether an application#H....
2021 0 Supreme(All) 85 • India - Allahabad
SUBHASH CHANDRA SHARMA
The Chief Judicial Magistrate rejected the application, and the applicant filed a Criminal Misc. ... Final Decision: The application u/s 482 Cr.P.C. was dismissed as it was found to be devoid of merits and did not warrant any ... The court also cited relevant case law to support the interpretation of #HL_STAR....
2020 0 Supreme(All) 1009 • India - Allahabad
SUBHASH CHANDRA SHARMA
and 114 - Essential Commodities Act, 1955 - Section 3/7 - Application for release of seized vehicle has been rejected - Applicant ... that engaged the attention of their Lordships were all offence to which the Code, including the provisions of Sections 451 and 457 ... Code of Criminal Procedure, 1973 - Section#HL_END....
2018 0 Supreme(HP) 114 • India - Himachal Pradesh
VIVEK SINGH THAKUR
Excise Act - Summary of Acts and Sections: Sections 457, 362, 451, 256, 249, 458, 142, 482 of CrPC - The judgment discusses the dismissal ... of the application for release of a vehicle under Section 457 of the CrPC, the power of #HL_STAR....
2024 Supreme(Online)(MP) 36117 • India - High Court of Madhya Pradesh
The applicant filed an application under Section 451 and 457 of Cr.P.C. for release of the articles, which were seized on the allegation of violation of copy right. However, by order dated 11.03.2022 passed by JMFC, Tikamgarh in RCT No.968/2020, the said application was rejected. ... application filed under Sections 451 and 457 of Cr.P.C. for grant of interim custody of various articles, which were seized on allegation of violation ....
2021 Supreme(Online)(MP) 6831 • India - High Court of Madhya Pradesh
482 of the Code of Criminal Procedure being aggrieved by order dated 9.1.2021 passed by Judicial Magistrate First Class Indore in the application filed by the petitioner under Section 451 read with section 457 of the Criminal ... He also submits that both the courts below committed an error in not considering the fact that respondent no. 5 has no locus standi to prefer the application under Section 451 r/w section....
2025 Supreme(Online)(Kar) 20467 • India - Karnataka High Court
S.R.KRISHNA KUMAR, J
iii) The matter is remitted back to the Trial Court for reconsideration/consideration of the application filed by the petitioner under Section s 497 and 503 of BNS, 2023 (Section 451 and 457 of Cr.P.C), as well as the application filed by the ... s 497 and 503 of BNS, 2023 (Section 451 and 457 of Cr.P.C), seeking interim custody of the very subject vehicle. ... 451 and 457 of Cr.P.C), seeking i....
2003 0 Supreme(Bom) 363 • India - Bombay
S.T.KHARCHE
Cash Seizure - Criminal Procedure - Section 451, Section 457 of the Code - Summary of Acts and Sections: Section 451 and 457 of ... The applicant again filed second application on 17-6-2002 for releasing the cash amount on Supratnama and the said application came to be rejected on 21-6-2002. ... To appreciate the point raised in this case, it has become necessary for me to advert to sections 451 and 457 of the Code....
• India - High Court of Rajasthan - Rajasthan High Court Principal Seat Jodhpur
The Court below considering the same has rejected the application filed under Section 451 & 457 Cr.P.C. ... Petitioner has already availed of the remedy of first revision, the second revision Sections 451 & 457 of Cr.P.C. for releasing sonography machine on inherent powers of the Court under Section 482 Cr.P.C. ... ;white-space:pre;margin:0;padding:0;top:634pt;left:108pt">supurdaginama was rejected#HL_EN....
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