[ajmat]

Consider anticipatory bail

Good luck

[manish7]

Lots of updates but sometime later maybe, the cops were quite nice and they served me notice yesterday. I need to go there again on Monday. Should I inform insurance ppl at this stage?

[hondadude]

Originally Posted by manish7

Lots of updates but sometime later maybe, the cops were quite nice and they served me notice yesterday. I need to go there again on Monday. Should I inform insurance ppl at this stage?

Why do you have to inform insurance people ?

[BaCkSeAtDrIVeR]

Originally Posted by hondadude

Why do you have to inform insurance people ?

1. Because there is a possibility of a claim. The insurance policy requires it. Too bad none of us thought about it.

2. Because they have investigators who will help him look for fake claims.

[manish7]

It doesn't get more ridiculous than this, since it has to be fought in court I can't discuss much now, but it's sheer headache and wastage of money & time only because someone is not careful and responsible enough while investigating!

[hondadude]

I can completely understand what you are going through because I am going through myself. I will PM you my number and may be we can compare notes.

[manish7]

Few questions --

(1) From where do I get IP address verification? I use BSNL broadband - will they confirm that IP address indeed belonged to my telephone on that particular day?

(2) The local lawyer (who wil be doing bail and all) mentioned that MDT dates (or something sounding similar) will be in the span of 14 days, and cops will have 90 days to file charge sheet. What are those MDT dates? Do I need to go there for all those dates?

(3) Will this case go in criminal court of some other court. People are advising me to get criminal lawyer.

[NetfreakBombay]

Originally Posted by manish7

Few questions --

(1) From where do I get IP address verification? I use BSNL broadband - will they confirm that IP address indeed belonged to my telephone on that particular day?

Yes its easy if you speak nicely to BSNL's main office in your city.

Otherwise, it can be obtained by RTI query (in case of BSNL or MTNL).

[BaCkSeAtDrIVeR]

Originally Posted by manish7

(1) From where do I get IP address verification? I use BSNL broadband - will they confirm that IP address indeed belonged to my telephone on that particular day?

The correct way of doing this is to wait till prosecution evidence is over, and then file a petition in court asking for the court to call for the records. But by then, 4-5 years would be over. So, you will have to approach BSNL directly.

(2) The local lawyer (who wil be doing bail and all) mentioned that MDT dates (or something sounding similar) will be in the span of 14 days, and cops will have 90 days to file charge sheet. What are those MDT dates? Do I need to go there for all those dates?

If you need to go, you will get a notice from the court. It will be better to clarify jargon immediately from lawyers. Else, they have have a bad habit of saying "I told you so" at a very late stage.

(3) Will this case go in criminal court of some other court. People are advising me to get criminal lawyer.

Criminal courts; obviously. They need to produce a copy of the charge sheet in the insurance claim before the motor accidents claim tribunal (MACT). The insurance company will usually cover expenses of hiring a lawyer in the MACT.

[manish7]

Well, some updates here. I am quite shaken and still find it hard to believe how ridiculous this could be! I am being accused of the offense I am not even remotely related to...can't believe that I have to spend so many dates now to explain things which were obvious to us in 15 mins. Frustrating!!!

And I hope court will be unbiased and fair enough to understand the technical nuances. The people out there were simply stubborn and getting bail itself was such a big problem! And everybody in court tries to extract money for no reason....depressing! I got bail, but still had to deposit 10,000 cash security as I am outside city person, and I am not getting my money back even after bail....and this hurts!!! This is all my hard earned money & I have not even been to that place ever before...only f r this case I visited that place now. :(

I can't discuss more about the flaws and how ridiculous their evidences (???) are, as these are the points we'd be fighting case on. And looks like it's going to be a long time before it's over! :(

I have few legal queries, and people with relevant experience/knowledge please help!

(1) What are those MCR dates? The local lawyer there told me that they are after 14 days till charge-sheet comes. I was advised to hire local lawyer for bail as they have better rapport there, that lawyer didn't impress me though...he's too hesitant and novice. Later a senior lawyer here told me that I don't need to attend those dates -- what is the truth? Is there any standard process for this?

(2) Is there still a chance that police can find the real car involved in that accident?? Or admit my evidence that I was in Pune and I can be out of this matter? Or is my my bad fate that I have to fight his case for few years now??? It is hurting because it's very stressful and we have rather important time of life now and worse still, we still do not know anything about the matte!!

(3) When will I get copy of the FIR/Charge sheet or whatever?

(4) I have not even received copy of bail order or rejection order on cash security. The local lawyer told me that he'd courier it, don't know when?

(5) Will going to newspaper help? I used to write for Indian Express when I was in college, still have few friends there - will it help?

The whole thing is so infuriating because I know in heart of hearts that I am not even remotely connected to this accident, I have never driven my car outside Pune after I bought it (though I had to take it there thrice for this case in last 8-10 days) - and things have gone so far. Had never even seen police station before and now I am out on bail - it hurts!!!!!!!!!

Your help, pointers will be highly appreciated!

[BaCkSeAtDrIVeR]

Originally Posted by manish7

Well, some updates here. I am quite shaken and still find it hard to believe how ridiculous this could be! I am being accused of the offense I am not even remotely related to...can't believe that I have to spend so many dates now to explain things which were obvious to us in 15 mins. Frustrating!!!

Grin and bear. Every time you are spending time on this case, Imagine yourselves inside insulated coocoon.

[/quote]10,000 cash security as I am outside city person, and I am not getting my money back even after bail....and this hurts!!! This is all my hard earned money & I have not even been to that place ever before...only f r this case I visited that place now. :([/quote]

You will get the money back once the case is over.

Is there still a chance that police can find the real car involved in that accident??

Looks like that they are not interested in this. As I said earlier, try talking to your insurance people. They may be interested in identifying a case of insurance fraud.

When will I get copy of the FIR/Charge sheet or whatever?

After it is filed, of course!!!

A "charge sheet" is the final "report". The equivalent document in civil litigation is the "plaint". It is the summary of evidence and accusation against you. You will get a copy when you appear before the court for the first time. You will get a copy (probably, it will be given to your lawyer when you are standing in a remote corner of the court hall in the accused box). The judge (most probably, it will bet the clerk standing directly in front of the judge - the "bench clerk") will mumble something and shout out "are you guilty" - probably in Marathi (coz. you are in MH). You lawyer will have advised you that you should say "no".

It may work out less expensive for you to say "yes" here and pay a couple of thousand as fine. Depends on the mindset of the judge. Most judges treat such cases as routine traffic offences and may, at best, impose a small fine. If your lawyer properly addresses the court before the judge starts the mumbling ("reading over the charge" in legalese) the facts, and end the presentation with a statement that you will plead guilty only to avoid the nuisance of a litigation, you may get off with just a fine.

Of course, you can fight a false accusation .... like this gentle man.

(4) I have not even received copy of bail order or rejection order on cash security. The local lawyer told me that he'd courier it, don't know when?

Huh? You or the lawyer wont get a copy. The order is simply a scrawl on a the file "docket" by the judge. It will be very terse, and like This.

Step 1. "bail granted on 2 solvent sureties of Rs. 10,000 each"
Step 2. "Accused seeks permission to deposit cash in lieu of sureties. Granted".

(5) Will going to newspaper help? I used to write for Indian Express when I was in college, still have few friends there - will it help?

In what way? Outside court, you are guilty unless proven wrong. Sorry. That is the brute reality.

The silver lining - you approached a senior and he deputed a junior to handle this, no? That means this is a "routine, no problem" matter for your lawyer. So, sit back, and relax. Get on with life.

[manish7]

Man, I was nowhere near that town when accident took place (BTW, real date is 19 July as my section 209 notice mentions) -- there is no way I am going to plead guilty!

I was very much in Pune on that day,doing my daily chores! If only cops were honest and interested in real investigation...

[PatchyBoy]

Originally Posted by manish7

Few questions --

(1) From where do I get IP address verification? I use BSNL broadband - will they confirm that IP address indeed belonged to my telephone on that particular day?

Assuming you do get it from BSNL and assuming your company provides records that your account logged into the VPN on the given date, how does it prove that YOU logged in? It could be any of your family members.

The issue is that your car was involved in an accident. No one is claiming that you were driving. You are the accused, as you happen to own the car which is the alleged culprit. You have to prove where the car was on the day of the accident. Taking your car down to the PS was not a bright idea. They now know the model and colour of the car.

My suggestion would be to try and establish where the car was on the date in question. If I were you, I would get documents from a mechanic testifying that the car was in the garage for repairs on the date in question. Fight a crook with crookedness.

Sad to see innocent people being harassed this way. This is rape of the law, in the truest sense of the word.

Good luck,

Cheers,

Rajan

[manish7]

Man, I have sent status report of my daily activity and only I can do the work as it is quite convoluted & technical. None of my family members access my computer -- and they cannot do that work. My company will provide necessary letter and I have my status report email and their timestamps do co-relate with my BSNL login details.

Don't know if the cops are crooks -- but they are sure mistaken/misunderstood. It is indeed a case of mistaken identity and I am trying to prove it asap so as to get out of this erroneous/false accusation!

[PatchyBoy]

Originally Posted by manish7

Man, I have sent status report of my daily activity and only I can do the work as it is quite convoluted & technical. None of my family members access my computer -- and they cannot do that work. My company will provide necessary letter and I have my status report email and their timestamps do co-relate with my BSNL login details.

Don't know if the cops are crooks -- but they are sure mistaken/misunderstood. It is indeed a case of mistaken identity and I am trying to prove it asap so as to get out of this erroneous/false accusation!

Good luck with that bro. Assuming that the proof you are talking about convinces the cops that you were in Pune, they can and would still claim that your car was involved. It was just being driven by someone else. What are your plans to counter that? This question was asked by a cop friend of mine. Thought I must alert you to this so you can be prepared.

You really do not have to prove where you were. You only have to prove where the car was. That will automatically absolve you from the accusation.

Regards,

Rajan