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Old 6th September 2007, 13:36   #1
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Default Can we file a case for traffic violation?

I was wondering if a private individual can file a case against another for traffic violation! Is there a rule that only police can file a case?

Today I come to the intersection on SP/AP road at Kakkanad at commute time and it is at a gridlock. No one yields to anyone and as a consequence, no one goes anywhere! After a long time, when I came to the intersection, I saw at least two cars on the WRONG side of the median, totally complicating matters. This is when there is a kilometre long queue on the proper side. These $%^#@s have coolly bypassed them, took the wrong side of the median, and are now blocking the oncoming traffic at the intersection.

I REALLY wanted to stop right there, get out, grab the driver and beat the daylights out of him. Since you can only wish for that, I considered getting out and putting him under a "citizen's arrest". Then the question came to mind.

Can I file a case against him for the blatant violation he did? I could readily take photographs, since he isn't going anywhere anyway. Will the court or the police accept such a case?

Such $%^#@s should not be driving on public roads!! At least they should pay a fine!
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Old 6th September 2007, 13:40   #2
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I always wonder the same thing. If we can photograph someone committing a offence, will the police admit it as file a case.
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Old 6th September 2007, 13:53   #3
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Currently there is not machinery available to file a complaint. All you can do is call the cops to the location. They will then do the needful.
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Old 6th September 2007, 14:14   #4
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Dileep, this is a very common sight here in Bangalore, and is practiced by bus drivers, cabbies, and also the so-called knowledgeable folks.

As for what you have asked, i dont know. We have some lawyers on the forum, probably they can help.
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Old 6th September 2007, 14:20   #5
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Dileep, I doubt if this would be possible. Maybe snapping a photo and sending it to a newspaper (New Indian Express or Malayala Manorama would be the most likely to publish it) would be a better recourse.
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Old 6th September 2007, 14:20   #6
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I see tonnes of such idiots at the Basham Circle junction at Sadashivnagar every day. Absolutely pathetic really. If they are in so much of a hurry why not leave 15 minutes early.
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Old 6th September 2007, 14:47   #7
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I don't know how much this helps. But once in Mysore, my neighbor's son (A 19 year old) used to drive like crazy. Someone noted down the number and sent a complaint to the police station stating that a driver (about XX age) was found driving very negligently at this particular point, at this time and the car number was XXXXX - through registered post. They mentioned that it was for public safety that they wanted action to be taken.

Bingo! The cops arrived at my neighbor's doorstep, that too, the crime cops. I am not sure about whether it was general observation or a good search through the RTO records, but they did arrive. There was no major action taken. They just warned him and informed his parents about his driving habits. His parents swore to never hand over the keys to him until he learnt his lesson.
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Old 6th September 2007, 15:11   #8
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I think taking a snap and approaching the newspaper is a good idea. About a month back in Delhi some guy who ran from the petrol pump without paying for fuel was caught and arrested because someone took a photograph of his car with the number.
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Old 6th September 2007, 15:21   #9
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I dont think any kinda action would be taken aganist such erring nitwits.

Quote:
Originally Posted by reignofchaos View Post
If they are in so much of a hurry why not leave 15 minutes early.
Yeah you better start 15 mins early .
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Old 6th September 2007, 15:53   #10
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Quote:
Originally Posted by DileepKS View Post
I was wondering if a private individual can file a case against another for traffic violation! Is there a rule that only police can file a case?
Sure you can. Here is how and what you should know. You wanted to file a case - not just a police complaint. So here you go.

1. You should first find out the police station in whose jurisdiction this happened. (no, City Traffic, Ernakulam is NOT sufficient). In this particular case, I believe it is either Palarivattom PS or Kakkanad PS.
2. Next step is to identify the court of Magistrate where you should file the case. (Judicial First Class Magistrate No. III, Ernakulam, is the one you are looking for, I believe).

3. Optional step. Find the law - rule and section and all that he violated. Magistrates' courts tend to be very busy courts, and giving these details are helpful to HIM, not you. If you make job easy for the magistrate, he will be a very happy man. A happy man is more likely to listen to you.

4. Prepare a complaint. There is a form prescribed. Makes identifying names and addresses of the parties easy. You can find the form on any "legal drafting" book. Basically, name of the court on first line, a line for writing case number, complainant's name and address next, accuseds' names and addresses next, body of the complaint - which have to be serially numbered paragraphs. (this part is very difficult - adhering to the form and all. YOu may need the assistance of at least an advocate's clerk or a typist here).

5. Stick a 2 rupee court fee stamp to this.

6. Be at the court at 10.45 AM, before the sitting starts. When judge comes at 11..00 AM, hand over your complaint to the judge. (There will be others doing this also).

7. Wait till afternoon (at least 3 PM) when your sworn statement is recorded.

8. You are not free - you need to turn up at the next posting.

Hiring an advocate takes a whole lot of pain out of this process.

Filing a complaint to the police is of course, far more easy, (simply write a letter to the concerned CI/Asst. commissioner in charge of the traffic station in Cochin) but they will tend to support the police man on duty, who most likely has not recorded the incident. Recording your complaint means admitting the fault of the policeman on duty.

Quote:
Originally Posted by DileepKS View Post
can only wish for that, I considered getting out and putting him under a "citizen's arrest".
Oh. Sure, you can do this; provided the offence is non-bailable, cognizable and triable as a warrant case. If you do not understand anything, better not try it.

Guys, sorry for the overkill, but just finished reading a post on DIY audio on this forum, and decided to put up some info on DIY litigation. This is not legal advice, though. I am not a lawyer/advocate.
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Old 6th September 2007, 16:21   #11
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I once saw a traffic cop standing on middle of road at DG Petrol pump junction in B'lore and chasing these wrong doer's in wrong lane - back through the route they came. It was a very funny scene with cars/bikes returning and people braking in panic (those who were entering).. May be they deserve more harsher treatment. But what that cop was doing was still commendable.
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Old 7th September 2007, 00:23   #12
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Quote:
Originally Posted by BaCkSeAtDrIVeR View Post
Sure you can. Here is how and what you should know. You wanted to file a case - not just a police complaint. So here you go.

1. You should first find out the police station in whose jurisdiction this happened. (no, City Traffic, Ernakulam is NOT sufficient). In this particular case, I believe it is either Palarivattom PS or Kakkanad PS.
2. Next step is to identify the court of Magistrate where you should file the case. (Judicial First Class Magistrate No. III, Ernakulam, is the one you are looking for, I believe).

3. Optional step. Find the law - rule and section and all that he violated. Magistrates' courts tend to be very busy courts, and giving these details are helpful to HIM, not you. If you make job easy for the magistrate, he will be a very happy man. A happy man is more likely to listen to you.

4. Prepare a complaint. There is a form prescribed. Makes identifying names and addresses of the parties easy. You can find the form on any "legal drafting" book. Basically, name of the court on first line, a line for writing case number, complainant's name and address next, accuseds' names and addresses next, body of the complaint - which have to be serially numbered paragraphs. (this part is very difficult - adhering to the form and all. YOu may need the assistance of at least an advocate's clerk or a typist here).

5. Stick a 2 rupee court fee stamp to this.

6. Be at the court at 10.45 AM, before the sitting starts. When judge comes at 11..00 AM, hand over your complaint to the judge. (There will be others doing this also).

7. Wait till afternoon (at least 3 PM) when your sworn statement is recorded.

8. You are not free - you need to turn up at the next posting.

Hiring an advocate takes a whole lot of pain out of this process.

Filing a complaint to the police is of course, far more easy, (simply write a letter to the concerned CI/Asst. commissioner in charge of the traffic station in Cochin) but they will tend to support the police man on duty, who most likely has not recorded the incident. Recording your complaint means admitting the fault of the policeman on duty.



Oh. Sure, you can do this; provided the offence is non-bailable, cognizable and triable as a warrant case. If you do not understand anything, better not try it.

Guys, sorry for the overkill, but just finished reading a post on DIY audio on this forum, and decided to put up some info on DIY litigation. This is not legal advice, though. I am not a lawyer/advocate.
Well put, in short, its less of a hassle to bang your own head and forget it.
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Old 7th September 2007, 10:52   #13
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Thanx BackSeat. That info REALLY helps.

There was NO COP. There never is a cop at that intersection.

The funny thing about that intersection is that it is SAFER without the lights working (like it is now). When light is working, vehicles with a green will enter the intersection, and trucks with red will hit them. Happened three times in a month, and luckily, the third time, the truck hit the lamppost and knocked it over.

I wanted to make a PIL campaign on this, if I can find some like minded people. You make some publicity (like placing signboards at the intersections, saying that you are going to file a case). Then with sufficient warning, go out one day, collect evidence, file a few cases and make bigg publicity for that matter. Repeat it after a few days.

Thereafter stand with a camera at the intersection for a couple of days to scare people.

Should do the trick I guess.
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Old 7th September 2007, 11:06   #14
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The photo of the offender in action along with a letter of complaint addressed to the jurisdictional DC/AC (Traffic) should definitely land that guy in a spot of bother. Make sure you get a couple of others in the crowd to witness your complaint.
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Old 7th September 2007, 11:49   #15
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As I have noticed, this kind of behaviour is the one causing most of the traffic jams in this city. Something must be done against it.
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