[apachelongbow]

Originally Posted by aryashiv1

Right VK, that is why I am sending the ex-cop to find out exact details as to when how and why this has come up now. Also the cop who had come, went back without much of pressure from his side after he was told to do so by local cops. Infact I have given some amount to this ex cop to settle and close the case if possible there and then. No further headaches.

My request to you: Please see that your guy manages to get a signed statement/letter from the person lodging the FIR that he has closed this case and there is no further legal followup. Else after a couple of years you may be hit with new summons.

[aryashiv1]

yes that is there. He will do that job for me. He is an ex-cop working for our organisation now in security department and knows tricks of the trade. It was he who went to police station yesterday on my behalf. Remember just because of his and some other friends in my office, I am feeling relieved a bit. This ex-cop has told me not to worry. he will sort it out whatever way it has to be done.

[prince_pervez]

Looking at these cases occuring frequently, can't we try something anti-criminal?
If you are not at all at fault. And someone ropes you in with a fake FIR then can't one nail the other party with another FIR of the same kind. Do some research and get some vehicle numbers of his and file the same case. Ask him to close the false FIR and you then oblige too. Fair enough.

Half of my family is in the Police Dept. Some lawyers too. Some in Mu Po, and the rest in Mah Po.

Why can't I get a counter FIR (false) from Mumbai suggesting a narcotics raid. Would it work ? Why wouldn't it ? He will have to travel from BLR to MUM stations. I mean the thought of the distance and severeity of the case/summon would make the harasser wet his pants. Won't it ?

Is this possible ?
Please remember this is just to counter the harassment caused by a false FIR against respectable citizens like you and me. Few such cases in every state and this tactic will start declining on its own. No one will think of doing such a thing again.

There is one drawback I can see. Time involved. Do we have it ? I think not.

[apachelongbow]

Originally Posted by prince_pervez

Looking at these cases occuring frequently, can't we try something anti-criminal?
If you are not at all at fault. And someone ropes you in with a fake FIR then can't one nail the other party with another FIR of the same kind. Do some research and get some vehicle numbers of his and file the same case. Ask him to close the false FIR and you then oblige too. Fair enough.

Half of my family is in the Police Dept. Some lawyers too. Some in Mu Po, and the rest in Mah Po.

Why can't I get a counter FIR (false) from Mumbai suggesting a narcotics raid. Would it work ? Why wouldn't it ? He will have to travel from BLR to MUM stations. I mean the thought of the distance and severeity of the case/summon would make the harasser wet his pants. Won't it ?

Is this possible ?
Please remember this is just to counter the harassment caused by a false FIR against respectable citizens like you and me. Few such cases in every state and this tactic will start declining on its own. No one will think of doing such a thing again.

There is one drawback I can see. Time involved. Do we have it ? I think not.

FIR (First information report) is based on a 'complaint' from a person which is investigated by the police. I do not see how we can file a fake FIR against random persons just like that. The basic premise needs to exist. As in the above case, the biker and his wife did suffer an accident with this car. So a FIR could be registered.
Filing a fake FIR can land the police and the complainee in jail!!

Best idea for above cases is to file a counter FIR, saying the biker was rash driving. He came and hit my car and caused it damage. Also i got my back injured due to the impact... etc

[hondadude]

Originally Posted by aryashiv1

I have gone thru this thread. But the point here is his car was never there at the time of whatever accident they claim to have happened. In my case it actually happened.

Legal procedures seem to be practically same in both the cases. The way our police system seem to work is that if someone files a complaint, they assume that to be true and take action. In reality they should investigate but that would amount to doing some work which they aren't interested in doing.

Having gone through a similar situation, following are my views.

You are taking the right approach by sending cops. In all probability some money can exchange hands between you and affected party (and middleman and that is their motivation to deliver you summons after so long) and the issue can be settled and FIR closed. There are two other ways

- You go with your car to police station. They do RTO inspection of your car and give it to you. You go through arrest and bail procedure (you don't have to go to jail). This is practically arrest on paper. Then you plead guilty in court, your insurance pays damage and all is well.

- You fight this out. You apply pressure on police to investigate before coming to you with summons. Usually when that happens, most of the time police backs off and you are OK. If they come back to you, you would have to hire a lawyer and then you would at some point have to take your car for RTO inspection and get bail for yourself but you have an option to fight this in court. This is something that most of us who don't live in the city where the case is filed, can't afford to do.

Most importantly, it is not a big deal at all so calm yourself and family down. Everything will turn out to be fine.

All the best

[prince_pervez]

Originally Posted by apachelongbow

FIR (First information report) is based on a 'complaint' from a person which is investigated by the police.

^^I don't get this. An FIR was filed for an issue which never happened. An incident was created. So create a similar incident somewhere else and let that Police do the investigation. The point is to scare the false claiming party.
E.g. Person A has made a false claim against you. Make a false claim against him in some other state say Maharashtra
saying that he was involved in some other crime there.

I do not see how we can file a fake FIR against random persons just like that. The basic premise needs to exist. As in the above case, the biker and his wife did suffer an accident with this car. So a FIR could be registered.
Filing a fake FIR can land the police and the complainee in jail!!

This can be done. Get a thief to confess that person A was involved in a theft attempt or murder.
This is how.

Do you know that if a theif claims that you are partner in crime then you too are subject to investigation ?

THIS IS JUST AN EG TO MAKE OUR RESPECTABLE LIVES EASY. DON'T POUNCE ON ME.

Best idea for above cases is to file a counter FIR, saying the biker was rash driving. He came and hit my car and caused it damage. Also i got my back injured due to the impact... etc

Not a bad idea, but the lawyer will handle this easily.

[blackasta]

Originally Posted by apachelongbow

FIR (First information report) is based on a 'complaint' from a person which is investigated by the police. I do not see how we can file a fake FIR against random persons just like that. The basic premise needs to exist. As in the above case, the biker and his wife did suffer an accident with this car. So a FIR could be registered.
Filing a fake FIR can land the police and the complainee in jail!!

Best idea for above cases is to file a counter FIR, saying the biker was rash driving. He came and hit my car and caused it damage. Also i got my back injured due to the impact... etc

exactly what I suggest. Do not agree that you have hit him.

[Edsel Rulez!]

A couple of lessons learned:

1) Do not stop to assist in case you're involved in an accident, especially in an area where you're a stranger. Report it at the next police station instead.

2) Take "preemptive action" by filing an FIR against the other party before he can screw your peace of mind.

3) A further precaution is to change homes and do not leave a forwarding address. (I keep getting letters and mailers addressed to a Dr Sen, who presumably used to live in my apartment a decade ago. Nobody knows who he is or where he is now -- least of all the post office.)

PS: Just kidding regarding suggestion #3.

[prince_pervez]

Originally Posted by Edsel Rulez!

A couple of lessons learned:

1) Do not stop to assist in case you're involved in an accident, especially in an area where you're a stranger. Report it at the next police station instead.

Thats right now-a-days.

2) Take "preemptive action" by filing an FIR against the other party before he can screw your peace of mind.

Like I said earlier, this I am going to suggest to everyone I know.

3) A further precaution is to change homes and do not leave a forwarding address. (I keep getting letters and mailers addressed to a Dr Sen, who presumably used to live in my apartment a decade ago. Nobody knows who he is or where he is now -- least of all the post office.)

PS: Just kidding regarding suggestion #3.

Now regarding this: What address is stored in the RTO computer ?
The one which you have provided in the sale documents or the one which you have provided as permanent address.
E.G I am in BLR. And if I purchase a vehicle here and I have my permanent address in Mumbai then which address does the RTO have any way. And is it the same on the RC book ?
If it is the permanent address, as it should be, then point 3 above is of little use. If it any address that I provide during the sale deed then what a joke.

It'll be great if someone can clarify.

[aryashiv1]

Thank you all you guys. As of now there is nothing new. The ex-cop whom I was to sent to the local police station where this FIR is lodged will be going there on Saturday as some senior cop he knows is out of town and will be there on Saturday. Let us hope for the best and he sorts out everything there and then.

Lessons Learnt:
Never stop after an accident. I stopped because i breaked hard and then my car hit his bike. Thats why the impact was not very sever. Had it hit the bike at 90 KMH my spead at that time, the both the biker and pillion would have been killed. As soon as I applied breaks, it hit the bike. There was not much damage to the bike, infact my car was damaged badly than that bike which I realized after an hour or so. And I was surprised by the impact and that bikes was one piece and my car front right side bumper fog lights were all gone with lots of dents. My local mechanic did the repair job for me and it took him one week.

Anyways....lets us hope I come out of this and I also hope there was no severe injury the lady whom I took the hospital.

[apachelongbow]

Originally Posted by aryashiv1

Anyways....lets us hope I come out of this and I also hope there was no severe injury the lady whom I took the hospital.

Lessons learnt: Always make the accident victim sign a no claims document once you have rendered medical help. Would prevent filing of FIR like these later!!!

[honda3938]

I have a little suggestion please dont let the cops to take the car to the police station. The reason is that if you make your car to stand in police station even for a night than many things will be missing while you take it.As indian cops are too much honest so your car tank will be emptied.Your expensive music system and other accessories will be used in cops cars and you cant get them back.I am making this statement as seen this in many cases where even car alloys and tyres are removed and are fitted with cheap rims and alloys and owner cant say anything to these so called law protectors.

another thing it would be better for you if you can stay at relatives place till your friend ex-cop solves the matter.As if the cops come next time and force you to take you and your car to police station.

[blackasta]

Hey aryashiv1 take a look at this thread - might help you

http://www.team-bhp.com/forum/street...dent-case.html

[nutmello]

dear aryashiv
being a lawyer , my suggestion to you
1. FIR was lodged at place of incident when accident has happened. FIR will be placed before Law courts immediately by police station.
2. The IO ( investigative officer) has done his investigation and has filed the dharge sheet to court making you as accused.
3. please note - even if president of india asks to close the case, it will not happen once case is opened.
4. so you sending your ex police friend is all unwanted and nothing happens.
5. court has issued couple of summons to you, for which you have not responded.
6. now arrest warrant has been issued.
7. so what to do now?
8. nothing much. take sufficient cash ( 25000), go to that particular town where case is filed. hire any advocate ( ANY) and just apply for bail.
9. first you have to get bail. the matter is simple as every citizen is entitled for bail against some surety. i feel cash is better as it is liquid. if judge asks for property and two surety, plead for time, some how and try to organize the same.
10. once you get bail, you have two options
a). compromise with opposite party
b). fight out the case
11. my advise: you MAY be on the correct side, not guilty etc, but do you have time, money, patience etc to fight out the case?
such cases are FIXED simply to extort cash from hapless guys. you have no choice other than to settle for a compromise.
12. pay off, get the settlement deed done, submit to court and get out of the case once and far all.
13. LASTLY : running away from court is a serious issue. YOU CANNOT avoid arrest charges. how many times can you send your police friend?
14. the police officers in police station will not help you ( they cannot) in any way other than writing back to court saying - accused not found.
15. but remember - once thay do that, court sends summons notice to police comissioner for appearence - then, the local police officers will be outof jobs. so they tell you they will do, but in reality they will not.
16. never trust police.

[aryashiv1]

Thanks for your advice.

No summon from the court ever came to me. Only the cops came and said they wanted the driver and the car. I am not avoiding anything. My only concern is its a far off place and if it can be settled by paying money compensation by puruse it. They have put 337 & 279 IPC sections in this case. What these means? I think one is hit and run case and other is negligence driving causing hurt.