IN THE COURT OF THE [Magistrate/Sessions Judge] AT [City/District]

Criminal Miscellaneous Application No. ____ of 20___

IN THE MATTER OF:

[Name of Innocent Purchaser]
Son/Daughter of [Father’s Name]
Aged about [Age] years,
Residing at [Address]
… Applicant

VERSUS

[Name of Convicted Person]
Son/Daughter of [Father’s Name]
Aged about [Age] years,
Residing at [Address]
… Respondent

APPLICATION UNDER SECTION 453 OF THE CODE OF CRIMINAL PROCEDURE, 1973

MOST RESPECTFULLY SHOWETH:

1. That the Hon’ble Court, vide judgment/order dated [Date of Conviction Order], convicted the Respondent, [Name of Convicted Person], for an offence under Section [Relevant IPC Section, e.g., 379 IPC for theft, 411 IPC for receiving stolen property], in Case No. [Case Number], titled [Case Title].
2. That the said offence involved, or amounted to, theft/receiving stolen property, specifically [Brief description of stolen property, e.g., “a laptop of HP make bearing serial number XXXXX”].
3. That the Applicant herein, being an innocent purchaser, bought the aforesaid stolen property from the Respondent on or about [Date of Purchase] for a sum of Rs. [Amount Paid] (Rupees [Amount in words] only), without knowing or having any reason to believe that the said property was stolen. A copy of the purchase receipt/proof of payment is annexed hereto as Annexure A.
4. That upon the arrest of the Respondent in connection with the aforesaid case, certain money amounting to Rs. [Amount of Money found on arrest] was taken out of his possession by the investigating agency, which is currently in the custody of the Court/Police.
5. That the stolen property, i.e., [Description of Stolen Property], has since been restituted to the rightful owner, [Name of Rightful Owner], who was entitled to the possession thereof.
6. That in light of the above, the Applicant is entitled to receive a sum not exceeding the price paid for the stolen property, i.e., Rs. [Amount Paid by Purchaser], out of the money found on the Respondent at the time of his arrest, as per the provisions of Section 453 of the Code of Criminal Procedure, 1973.
7. That the Applicant undertakes to abide by any conditions imposed by this Hon’ble Court.

PRAYER:

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Order that a sum of Rs. [Amount Paid by Purchaser] (Rupees [Amount in words] only) be delivered to the Applicant out of the money taken from the possession of the Respondent at the time of his arrest; and
b) Pass any other or further order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.

[Date]
Place: [City]

[Signature of Applicant]
[Name of Applicant]

[Signature of Advocate]
[Name of Advocate]
[Roll Number]
Advocate for the Applicant