Speeding youngster damages several cars : A first-hand account

BaCkSeAtDrIVeR · 25th February 2009, 22:58

The statement give to police by the police was the FIR. The police ought to have recorded an FIR on basis of the oral statement. If any policeman wants a written complaint, insist that he record the FIR on basis of your oral complaint as FIR. Say that if you have to write it down, you prefer to send it by registered post to the Superintendent of Police in the area.

That is what the law (the Code of Criminal Procedure) says.

Police is bound to act on basis of oral complaint. Even the Magistrates (court) can act on basis of oral information.

KSM-Vtec · 25th February 2009, 23:23

Unfortunately this is what happens in most cases of this sort. Even if the guy was not very rich the parents would have tried their best to pay and get rid of the issue(and ironically they would have paid more in that case because the common man is always at a greater loss). Though it was the kids mistake here nothing could be done about it and thats the sad part. Good gesture Tejas..

zaks · 26th February 2009, 08:23

Tejas, I appreciate a lot of what you have gone through and your efforts at getting justice done. I wish more people were like you.

The problem in most of these cases is as a witness we don't know where we stand and how to file complaint and what is expected from the police and everyone talks about FIR but there is no clarity on who can give it and whether the police have to register it. This is where we get lost, confusing procedures and none to guide and the police are the least trust worthy of all.

runeet · 26th February 2009, 12:04

Quote:

Originally Posted by vineethvazhayil

Agree to you completely! His elder son was also saved from some accident trouble. Now I'm least surprised that the younger kid thought he could get away too. And the speed at which the case was cleared off, If the kid is in an accident again, I wouldn't be surprised.

See dont get me wrong, the police also will not take up the matter much because no one was injured in the accident.
All I am saying is that that if it were that serious then yes one must get involved, nd believe me u dont want to get involved in the investigation process unnecessarily.
If the accused has gotten away without any reprimand from anyone, then obviously he will be involved in another accident and this time most probably it will be serious then his past record even if not officially documented is take out to crucify him.
The police dont do it because of any moral responsibility, they all do it to increase their wallets.

Tejas@perioimpl · 26th February 2009, 13:57

Quote:

Originally Posted by runeet

... then his past record even if not officially documented is take out to crucify him.

How? We don't have a cross-linked computerized database. And how will non-officially documented record crucify anyone?

BaCkSeAtDrIVeR · 26th February 2009, 14:11

Quote:

Originally Posted by zaks

everyone talks about FIR but there is no clarity on who can give it and whether the police have to register it. This is where we get lost, confusing procedures and none to guide and the police are the least trust worthy of all.

FIR = First Information REPORT. A crime has been reported. The first report of the occurrence should be reduced to writing, if it is not in writing.

Have a look at S. 154 at page 85 of this pdf.

http://mha.nic.in/pdfs/ccp1973.pdf

See (3) to see what is to be done in case of refusal to record an FIR at police station.

runeet · 26th February 2009, 14:28

my friend our police force does not need a computerized database, in their circles any such incident immediately attracts ears, the investigating officers have their own little syndicate. Its like 'mil bat ke khao' thing.
If the same person is involved again, then the news kinda spreads in the police circle and the old officer and the current one discuss all the technicalities official and unofficial, during investigation they ask the neighbours of the involved parties too, quite discreetly, and we all know how neighbours love to gossip.
This all is unofficial. Atleast thats what I have deduced from my experiance.

Tejas@perioimpl · 26th February 2009, 14:51

Quote:

Originally Posted by runeet

my friend our police force does not need a computerized database, in their circles any such incident immediately attracts ears, the investigating officers have their own little syndicate. Its like 'mil bat ke khao' thing.
If the same person is involved again, then the news kinda spreads in the police circle and the old officer and the current one discuss all the technicalities official and unofficial, during investigation they ask the neighbours of the involved parties too, quite discreetly, and we all know how neighbours love to gossip.
This all is unofficial. Atleast thats what I have deduced from my experiance.

Ya, but if the officer has eaten money to suppress a case, then why would he bring it up? The accused can take the officer apart in front of a judge. Think about it!!!

runeet · 27th February 2009, 09:51

Quote:

Originally Posted by Tejas@perioimpl

Ya, but if the officer has eaten money to suppress a case, then why would he bring it up? The accused can take the officer apart in front of a judge. Think about it!!!

Ya they definitly can, but that officers name does not pop out, since its a totally different investigating officer, they dont explicitly mention it, but just add it in the conversation.
As for the taking apart thing in front of the judge, yes it can be done but quite frankly no one has the guts to do it, even the advocates think twice about doing it, even though the advocate is good.
In the Indian law system the police force have a lot of officially unofficial power to apply force and get things done, thats why we have lots of cases of undertrials.
I know I sound like a cynic, but its the plain and simple truth. Many do not like to hear such things because it goes against their commonly held perceptions.

GTO · 27th February 2009, 16:01

IMHO those on the spot were lucky to have you - A Doctor - at the scene of the accident. Glad you stuck to your guns. Teenage kids start off with cars too powerful these days, I'm glad we only had rickety slow Padminis & Ambassadors in our times. The Cedia is simply too powerful to be let loose in the hands of a 18 year old.

The pictures also show how dangerously built cabs are, by todays standards. When Rt had an accident with a cab...the poor Padmini was demolished. It literally fell apart!

F50 · 1st March 2009, 03:19

Good going Tejas!

In a way I feel its good that the matter got solved outside. 27k (if compensated) is I think is appropriate amount for him to buy another Padmini. I think cab driver, if he owned the vehicle, was smart enough to settle it and start earning as soon as possible.

Tejas, you have contacts, cabbies dont! In such a case they are helpless. If they try to fight thinking about justice and all is pure waste of time in this country. Just think about it, if FIR was lodged and case et al, the amount of time cab driver would have wasted running from pillar to post and not earning not a single penny, what about that?
One should get justice but thinking practically is the way to go. Think from cab driver's point of view. Which is better, getting justice or start earning as he might be the only breadwinner in the family?
Kid's parents could have easily made this case go on forever.

I think its better you forget it as a sad sad incident in your life.

Zahir · 1st March 2009, 18:59

Post Deleted by the Team-BHP Support : PLease do NOT SPAM the forum with one-liners that are absolute zilch in terms of value to the thread discussion.

We advise you to read our board rules carefully before proceeding.

jasher26 · 12th March 2009, 19:25

too bad we witnessed another accident after a few days at marine drive, indigo rams into a biker. that looked even worse

Tejas@perioimpl · 13th March 2009, 10:47

Quote:

Originally Posted by jasher26

too bad we witnessed another accident after a few days at marine drive, indigo rams into a biker. that looked even worse

Finally jasher speaks up (the other bhpian with me who witnessed this incident)! Jai, i've created another thread for that as well. Search for 2 Accidents Witnessed in 2 weeks.

manjubp · 13th March 2009, 12:23

Tejas, we all responsible citizens, behind steering wheel are Proud of you and nice to be with you on TBHP.

OT, may be because of this sort of end results, the public never trust the system and trash the driver to black and blue to teach a lesson to the driver and the parents too, although I never-never support taking the law into the hand. If it is in Shivajinagar or Hosur or Mysore or Magadi or Tumkur road in Bangalore, the driver would be lucky to come out as a single piece of flesh.

Thanks
manju

25th February 2009, 22:58	#151
BaCkSeAtDrIVeR Senior - BHPian Join Date: Jun 2007 Location: Kochi Posts: 2,541 Thanked: 755 Times	The statement give to police by the police was the FIR. The police ought to have recorded an FIR on basis of the oral statement. If any policeman wants a written complaint, insist that he record the FIR on basis of your oral complaint as FIR. Say that if you have to write it down, you prefer to send it by registered post to the Superintendent of Police in the area. That is what the law (the Code of Criminal Procedure) says. Police is bound to act on basis of oral complaint. Even the Magistrates (court) can act on basis of oral information.
	() Thanks

25th February 2009, 23:23	#152
KSM-Vtec Senior - BHPian Join Date: Jun 2008 Location: MH-02-India-Bombay-Bandra Posts: 1,562 Thanked: 446 Times View My Garage	Unfortunately this is what happens in most cases of this sort. Even if the guy was not very rich the parents would have tried their best to pay and get rid of the issue(and ironically they would have paid more in that case because the common man is always at a greater loss). Though it was the kids mistake here nothing could be done about it and thats the sad part. Good gesture Tejas..
	() Thanks

26th February 2009, 08:23	#153
zaks BANNED Join Date: Jan 2008 Location: Bangalore Posts: 952 Thanked: 181 Times View My Garage	Tejas, I appreciate a lot of what you have gone through and your efforts at getting justice done. I wish more people were like you. The problem in most of these cases is as a witness we don't know where we stand and how to file complaint and what is expected from the police and everyone talks about FIR but there is no clarity on who can give it and whether the police have to register it. This is where we get lost, confusing procedures and none to guide and the police are the least trust worthy of all.
	() Thanks

26th February 2009, 14:28	#157
runeet BHPian Join Date: Nov 2008 Location: Pune Posts: 43 Thanked: 0 Times	my friend our police force does not need a computerized database, in their circles any such incident immediately attracts ears, the investigating officers have their own little syndicate. Its like 'mil bat ke khao' thing. If the same person is involved again, then the news kinda spreads in the police circle and the old officer and the current one discuss all the technicalities official and unofficial, during investigation they ask the neighbours of the involved parties too, quite discreetly, and we all know how neighbours love to gossip. This all is unofficial. Atleast thats what I have deduced from my experiance.
	() Thanks

27th February 2009, 16:01	#160
GTO Team-BHP Support Join Date: Feb 2004 Location: Bombay Posts: 71,517 Thanked: 309,557 Times View My Garage	IMHO those on the spot were lucky to have you - A Doctor - at the scene of the accident. Glad you stuck to your guns. Teenage kids start off with cars too powerful these days, I'm glad we only had rickety slow Padminis & Ambassadors in our times. The Cedia is simply too powerful to be let loose in the hands of a 18 year old. The pictures also show how dangerously built cabs are, by todays standards. When Rt had an accident with a cab...the poor Padmini was demolished. It literally fell apart!
	() Thanks

1st March 2009, 03:19	#161
F50 Senior - BHPian Join Date: Mar 2004 Location: Mumbai/USA Posts: 1,709 Thanked: 103 Times	Good going Tejas! In a way I feel its good that the matter got solved outside. 27k (if compensated) is I think is appropriate amount for him to buy another Padmini. I think cab driver, if he owned the vehicle, was smart enough to settle it and start earning as soon as possible. Tejas, you have contacts, cabbies dont! In such a case they are helpless. If they try to fight thinking about justice and all is pure waste of time in this country. Just think about it, if FIR was lodged and case et al, the amount of time cab driver would have wasted running from pillar to post and not earning not a single penny, what about that? One should get justice but thinking practically is the way to go. Think from cab driver's point of view. Which is better, getting justice or start earning as he might be the only breadwinner in the family? Kid's parents could have easily made this case go on forever. I think its better you forget it as a sad sad incident in your life.
	() Thanks

1st March 2009, 18:59	#162
Zahir BHPian Join Date: Mar 2008 Location: Mumbai Posts: 426 Thanked: 79 Times View My Garage	Post Deleted by the Team-BHP Support : PLease do NOT SPAM the forum with one-liners that are absolute zilch in terms of value to the thread discussion. We advise you to read our board rules carefully before proceeding. Last edited by GTO : 1st March 2009 at 19:57.
	() Thanks $Received Infraction$

12th March 2009, 19:25	#163
jasher26 BHPian Join Date: Jul 2008 Location: Mumbai Posts: 201 Thanked: 4 Times	too bad we witnessed another accident after a few days at marine drive, indigo rams into a biker. that looked even worse
	() Thanks

13th March 2009, 12:23	#165
manjubp BHPian Join Date: Dec 2006 Location: Bangalore Posts: 659 Thanked: 595 Times	Tejas, we all responsible citizens, behind steering wheel are Proud of you and nice to be with you on TBHP. OT, may be because of this sort of end results, the public never trust the system and trash the driver to black and blue to teach a lesson to the driver and the parents too, although I never-never support taking the law into the hand. If it is in Shivajinagar or Hosur or Mysore or Magadi or Tumkur road in Bangalore, the driver would be lucky to come out as a single piece of flesh. Thanks manju Last edited by manjubp : 13th March 2009 at 12:25.
	() Thanks