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Old 23rd August 2008, 00:38   #31
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It's getting more frustrating -- yesterday morning that cop told me it was 27th July and now when I was planning to go there tomorrow to show my car - he is saying that Saturday won't be feasible for him, moreover he is now saying that it may not be 27 th July and he cannot reveal the date as it is confidential part of their investigation. Now I don't which date I have to defend. It can be any date in the last month. :(

Obviously, the lawyers are already in picture and they might even accompany me when I go there.
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Old 23rd August 2008, 00:46   #32
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Quote:
Originally Posted by chetan View Post
hi manish

something like this happened to me but far more worse but lets not get into that . I want to ask you weather if this accident was a hit and run? .The vehicle must have been involved in an accident before you had purchased .The cops would have done a research on you before contacting you or issuing a notice. When you purchased the car did the dealer give any acknowledgment , do you know how many owners the car had before you bought it , did you get the car transferred completely to your name (this is very important )

you don't have to worry about anything , the police need only proof just give them what they ask for coz if you have all the documents of your deal with the car dealer you wont be in trouble , they will go after the previous owner and they cycle continues till they find the real offender.

so don't worry
Chetan, the accident apparently happened in the last month - and I have purchased this car more than 2 years ago, so I think previous owners are ruled out. Unless one of them is a crook and trying to use his older registration number to do something...bad!!! Scary!!
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Old 23rd August 2008, 01:00   #33
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Do not go to the PS without your lawyer, do not sign any documents or leave any documents with the policemen. Do not answer any questions you do not deem appropriate, just say I don't know what you're talking about.

Be very careful the Police in India can be a real pain in the backside to deal with.
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Old 23rd August 2008, 01:36   #34
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Boss, listen and listen good.

DO NOT go to the Police Station alone. Take a good trustable lawyer (If one exists ) or a guy who has some contacts in the police...

Just my 2 cents.

Last edited by AbhiJ : 23rd August 2008 at 01:39.
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Old 23rd August 2008, 07:21   #35
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Originally Posted by manish7 View Post
Thanks for your detailed & to-the point reply Kumar - I am also planning to send a letter after consulting a lawyer. Since I do not know date of accident (and nature of accident also for that matter), I cannot claim that car didn't belong to me at that time - but I will convey details of the ownership . I am planning to send a letter to tell them that the car hasn't been driven outside Pune after I purchased it and any previous complaint should be sent to previous owner. Let's see what happens - I will post here accordingly!
I think this is the right approcah. A lawyer should help you frame the letter with the right language. This is important. I hope you will be abe to get over this - but there is some agnoy and costs involved which is unfortunate.
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Old 23rd August 2008, 10:59   #36
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Sending only letter is out of question now, lawyer and some friends who know a thing or two have confirmed that I will have to go there personally, I will not go there alone for sure!
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Old 23rd August 2008, 11:32   #37
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Manish7 I hope you are consulting a lawyer professionally & not as a friendly adviser i.e. a friend who knows lawyers & getting you information.

The PS guy are really tricky so just be careful
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Old 23rd August 2008, 11:37   #38
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We bought a new car for my sister around 3 months back. Just one month after we bought the car, we received a notice from cops that the car was involved in a hit and run accident. The notice indicated a time in the morning. At that time, the car was parked in the apartment. Fortunately, our apartment maintains logs every time a car goes out and comes in. I submitted the written response to that notice with photocopies of logs from Apartment security. The matter is still open so I can't give a lot of details but apparently these kind of scams are quite common. Some learnings from this incident for me are

- When you are innocent, show your willingness to play hardball with the police.

- Be wary of lawyers. They are most comfortable in court so they might tell the cops to file the case in court and they will assure you that they will take care. The best way for this matter to get settled is in police station itself and not court.

- These scams are apparently quite common. Once the case goes to court, most of the people don't want the hassles of court and prefer to plead guilty which involves a fine of around Rs 1500/- to 2000/- and the injured party gets to claim money from your insurance company. If you indicated your willingness to fight this case to the end, you might see a difference in attitude.

- IMO, the best way to settle these issues is to find someone you know in police department and use them to influence the cops to investigate the matter properly before calling you.

- In my opinion, sending letter is good enough. If you do decide to visit the police station, in my opinion you should not take your car.

- Lastly, do not worry. This is a very small matter. The worst that can probably happen is that Police will seize your car and you will have to get it out with court permission. This probably takes a day or two at most.

Last edited by hondadude : 23rd August 2008 at 11:39.
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Old 23rd August 2008, 12:37   #39
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If an FIR has been filed, a copy of the FIR has to be sent to the court. Any competent lawyer can get a copy of that FIR from the court. Please ask your lawyer to get copy of the FIR. It will take 2-3 days to 2 weeks, depending on the work load@court and lawyer's "rapport" with the court staff.

It appears that you are an accused, and the law requires the police to disclose full details of the accusation against you. There is no such thing as "confidentiality" of the accusation. Sorry - the cop is trying to pour b/s. If you call him again, ask him for a copy of the FIR, and if he does not give you the details of the FIR, ask him if you "contact the higher ups", you will get it. (got the idea?)
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Old 23rd August 2008, 13:50   #40
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hondadude & BaCkSeAtDrIVeR -- I am confused, a lawyer is being consulted professionally. He (he's reliable, sort of a friend through trekking & photography hobby) also confirmed that we will have to visit the police station personally and cops may not reveal details as it is within their rights during investigation.

I haven't received IPC notice as such, I have only received letter (regd. ad) from cops asking to come over there for investigation.

hondadude & BaCkSeAtDrIVeR -- I will keep your inputs in mind, they have been quite useful.

Last edited by manish7 : 23rd August 2008 at 13:52.
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Old 23rd August 2008, 13:59   #41
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Quote:
Originally Posted by hondadude View Post
- These scams are apparently quite common. Once the case goes to court, most of the people don't want the hassles of court and prefer to plead guilty which involves a fine of around Rs 1500/- to 2000/- and the injured party gets to claim money from your insurance company. If you indicated your willingness to fight this case to the end, you might see a difference in attitude.
The difference in attitude is for good or bad???? I don't mind fighting & proving that I am 100% innocent.

I will not plead guilty -- even if that means that I have to end up behind the bars. Man, I don't mind getting hung for act that I might have done; but wouldn't pay a single penny for this thing that I have never done!
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Old 23rd August 2008, 14:05   #42
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Quote:
Originally Posted by manish7 View Post
hondadude & BaCkSeAtDrIVeR -- I am confused, a lawyer is being consulted professionally. He (he's reliable, sort of a friend through trekking & photography hobby) also confirmed that we will have to visit the police station personally and cops may not reveal details as it is within their rights during investigation.
They don't have to reveal details of their investigation but getting a copy of FIR or what is written in there is well within your rights.

Do you have any contacts/friends within Police force at all ?

If the matter reaches court (I am assuming that it will be Kolhapur's court), you will have unnecessary hassles. If it was local you could go whenever required but it is not, so be aware of that.

Also, see if your friend can refer you to a lawyer who specializes in accident cases. One of the last options for you could be to file a FIR against those who filed FIR against you. That is a big deterrence to those who are trying to make a quick buck with these scams.

Whatever you do, please don't plead guilty just to get out of these unnecessary hassles. We have to stand up to these false accusations.
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Old 23rd August 2008, 14:13   #43
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your lawyer can go and verify the FIR OR approach a court and get a copy. Find the detail and then approach in person.
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Old 23rd August 2008, 14:40   #44
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I haven't received IPC notice as such, I have only received letter (regd. ad) from cops asking to come over there for investigation.
So, that is an official invite aka summons. From the police. They are within the law to send it, and you are obliged to attend. The other IPC "notice" you mean is something which will come from the court, after police completes their investigation. You need to know something which the police thinks you dont. That is why. I suggest you ask your lawyer friend to visit the court sometime in late evening (my suggestion is after 3 - he should know the best time) and ask to examine the FIR. You are wihin your rights to do so. Your vehicle has been named in it. While there is provision to file an application for examining the FIR, you can just talk to sepoy / peon / clerk / whatever officer your lawyer recommends in the court.

Some possible questions you may have.
1. Which court?

(ans) all cases from the police station go to a particular magistrate court. YOur lawyer ought to know which court it is (or know somebody who will find out) Else, go to the building which houses the courts (usually you have some court complex, which houses more than one court) and enquire around. "which magistrate has jurisdiction over X police staion" etc.

2. Which FIR / case number do I ask for?

(ans) Ought to be there in the notice you received. Else, there are registers, OPEN TO THE PUBLIC FOR EXAMINATION. Look them up. The registers are maintained in the order of day on which the FIR is filed. Since you have the approximate day, you can look up all entries on a particular day. Look for cases filed by the concerned police station. Accused's name (or "unknown accused" if name is not known) will also be there. My guess is you may have to go by police station name and "unknown accused" entries.

It will be a good idea to know what the case is, before you go to the police station.
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Old 27th August 2008, 23:00   #45
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Tomorrow I will be going there with lawyer & car, hoping to just finish it tomorrow itself. Kind of difficult as I don't know date for sure, let's see what happens!!

I am keeping my fingers crossed!
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