Guys Serious problem - Urgent suggestion on Accident Case

akshaymahajan · 10th November 2009, 21:52

Indian judiciary system is in such a pathetic shape..
why is it always the bigger vehicle?
aryashiv have you met or talked to the other party till now? or have any of the police people informed you why 10 months after the accident has the biker lodged an fir?
BTW : isn't there like a time period after any mishap or anything after which you cant file an fir?? i mean how can an accidents first information report be after 300 days of the accident??

esteem_lover · 11th November 2009, 11:42

Quote:

Originally Posted by CDM

No one can take back an FIR once lodged, most certainly not the Police.
The FIR can only be closed by the Court if the Police give a closure report to the effect that no offence is made out (highly unlikely in your case).
If an offence has been made out e.g. a person has been injured, only the Court can decide whether you are guilty or not.
You can settle the matter and pray to the Court to compound the matter (i.e. impose a fine). Please note that section 279 is not compoundable and as someone else has pointed out on this thread, the only option is to plead guilty and pay the fine imposed.
Please also note that these will probably not be only proceedings against you. There will be a separate claim for compensation before the relevant Motor Accidents Claim Tribunal. Please find out if your insurance company has received notice of any such case.

My advice:

Consult a lawyer and take him along.
Do not just go and stand before the Police as you will be arrested.
Bail is a matter of right in such cases but formalities are still required to be completed. You may require a local surety.
Non-fulfilment of formalities may lead to your spending the night (or more than one) in custody.

CDM

Nice piece of advice CDM, but looks like our friend is already on his way.

aryashiv1 · 12th November 2009, 10:37

Thank you all you guys. I am back today to my office after a very hectic, tension filled, lovely drive by the way all the way till Newasa (Between Ahmednagar & Aurangabad), a bit of drama at the police station, bail granted, a lovely darshan at Shirdi, a terrifying drive from Shirdi to Mumbai in heavy rains, roads over flowing, people on the road out of thier cars afraid to cross the roads full of water......all this happenend yesterday between 7 AM till 1 midnight the time I reached home.

MuraliR · 12th November 2009, 11:15

good that you were able to get a bail.
why was the complaint lodged? was it only to extract more money from you?

aryashiv1 · 12th November 2009, 11:34

Now...let me start my experience of yesterday.

Was to start from Mulund at 5 AM but driver came late so started at 7 AM. The weather was just perfect early morning drive, drizzling and windy. It was fun all the way till we reached Expressway Toll Naka. Once the Ghat started, it was too windy and clouds all over but it was wonderful to drive. Had breakfast on Chakan Nagar road in a restaurant named Indrayani. Had Hot Hot Misal Paw - it just too delicious. It was chilling and we could see local people already wearing sweaters. The road all the way is very good to drive except a stretch before Ahmadnagar where they are making a flyover and road is one way from one side. Mud all over and rains making it worse. To add it to one of electric poles had apprently got uprooted and wires hanging on the road. On top of no one from any Govt. agency to attend to same.
Reached Newasa at 1.30 PM. (Newasa is around 45 Kms from Ahmednagar).

Gilead · 12th November 2009, 11:41

So when is the court appearance? I assume you did not do any 'settlement' there.

aryashiv1 · 12th November 2009, 12:04

Reached police station at 1.30 PM and met the concerend officer. His first statement was you have to arrested today and produced next day in the court as the file has to reach court by 2 PM. I was shocked and in a bit of tension. They were really adamant on doing so. I told them all the reasons I could why I got late and why I need to reach home by evening anyhow. They got a hint and said fine we will make the file now and produce you in the court for bail. They were very well mannered after that and even offered tea. They themselves called for the lawyer. He came and started preparing all the papers. Now the best part.

I asked the Lawyer his fees he said 3000/- I said 1000/ settled for 1500/- (which is very high but no option with time constrains). Went to the court and bail was granted on cash surely of Rs. 7000/- at 3.30 PM. got the order at 4 and was a free man.

Now some interesting facts:

1. I asked the guys how come after ten months all of a sudden you came up with this case and if the concerned party was pressurising. They said no. The complaint was files on the same day of accident and after that the lady who was injured never bothred to check. It was the cops who initiated the action as it was a pending file with them and they have to take the case further. Very interesting if its really true or just a way to make some easy money.

Very very sad state of affairs in our country by the so called protectors of the people to harrass people and make easy money.

I am waiting for the first hearing and may be go for settlement with the concerend party as they are least bothered about the case as I can make out.

FInally left from Newasa to Shirdi via Shreerampur at 4 and reached Shirdi at 6 PM - it was raining through out, trees uprooted on the road and roads deserted - hardly any vehicles.

Jaggu · 12th November 2009, 12:07

You just need to plead guilty at the first hearing and close the case by paying fine (under 2k)! Dont bother with negotiations etc etc not really worth it!

dadu · 12th November 2009, 12:22

Quote:

Originally Posted by aryashiv1

1. I asked the guys how come after ten months all of a sudden you came up with this case and if the concerned party was pressurising. They said no. The complaint was files on the same day of accident and after that the lady who was injured never bothred to check. It was the cops who initiated the action as it was a pending file with them and they have to take the case further. Very interesting if its really true or just a way to make some easy money.

Perhaps they wanted something for themselves and saw a good bakra. But this also teaches us a lesson, if you encounter such accidents, always gove a written complaint to the nearest police station against the other vehicle and keep a copy, that way the cops will not have much to fleece.

esteem_lover · 12th November 2009, 12:30

I feel the whole business of buying your way out is just not right. Just shows that you are a cash cow & there is no guarantee that you will not be troubled again in the future.

aryashiv1 · 12th November 2009, 12:36

Dear Esteem_lover its not me being a cash cow or something. Its the situation you are in and how fast you want to get out of it at that point of time in some remote place where you dont know anyone. I have learned my lessons now and I know how to I proceed from here now. As Jaggu had pointed out that plead guilty in the first hearing and close the case after paying penalty. This is wat I want to do. And for the first hearing when I go there I will take a lawyer from here not hire a local one, as they are all hand in gloves with local police. Also its not me there are two more such cases from Mumbai for the same reason in the same police station.

esteem_lover · 12th November 2009, 12:53

Once you plead guilty, what will stop the injured party from filing for damages ?

anoopap · 12th November 2009, 13:00

Dear aryashiv1,

Hope now you r out of tension.

But one obvious question that comes to mind is, why didnt you bother to contact the other party. When they are not interested in case, there was good chance that they could have supported you, and helped in closing the case.

Another query, whats the surety that police wont harass you in future for same case, IN CASE its not closed in first hearing ?

pramodkumar · 12th November 2009, 15:00

Quote:

Originally Posted by esteem_lover

Once you plead guilty, what will stop the injured party from filing for damages ?

Wont the insurance company pay for this. I remember one of my friend brought a used tata estate when we were in college, this came without an insurance, we had to take a steep U turn towards college, there was a cyclist whose ankle came under the rear wheel, we didnt know this and when we stopped about 20 M ahead to buy some stuff one guy came running to inform us of this. My fried called his dad he came to the spot informed the victim that he can claim compensation without any problem. In the evening my friends dad goes with a taxi driver and asks the victim to go to the Police station and file a complain saing that the taxi hit him. so the victim did so and finally the insurance company (which was 3rd party on the taxi) paid him close to a lac.

MX6 · 12th November 2009, 15:00

Good to hear you are back. Get that case closed at the first available option by pleading guilty. But as Esteem lover points out, they shouldn't come back and file damages. Try getting assurance from the injured lady, though I'm not sure how good that would be. so sorry to hear about the fleecing excercise you are undergoing. Good that it's coming to an end.

10th November 2009, 21:52	#61
akshaymahajan BHPian Join Date: Oct 2009 Location: Delhi Posts: 597 Thanked: 449 Times	Indian judiciary system is in such a pathetic shape.. why is it always the bigger vehicle? aryashiv have you met or talked to the other party till now? or have any of the police people informed you why 10 months after the accident has the biker lodged an fir? BTW : isn't there like a time period after any mishap or anything after which you cant file an fir?? i mean how can an accidents first information report be after 300 days of the accident??
	() Thanks

12th November 2009, 10:37	#63
aryashiv1 BHPian Join Date: Sep 2009 Location: Mumbai Posts: 132 Thanked: 2 Times	Thank you all you guys. I am back today to my office after a very hectic, tension filled, lovely drive by the way all the way till Newasa (Between Ahmednagar & Aurangabad), a bit of drama at the police station, bail granted, a lovely darshan at Shirdi, a terrifying drive from Shirdi to Mumbai in heavy rains, roads over flowing, people on the road out of thier cars afraid to cross the roads full of water......all this happenend yesterday between 7 AM till 1 midnight the time I reached home.
	() Thanks

12th November 2009, 11:15	#64
MuraliR BHPian Join Date: Aug 2008 Location: Bangalore Posts: 361 Thanked: 35 Times	good that you were able to get a bail. why was the complaint lodged? was it only to extract more money from you?
	() Thanks

12th November 2009, 11:34	#65
aryashiv1 BHPian Join Date: Sep 2009 Location: Mumbai Posts: 132 Thanked: 2 Times	Now...let me start my experience of yesterday. Was to start from Mulund at 5 AM but driver came late so started at 7 AM. The weather was just perfect early morning drive, drizzling and windy. It was fun all the way till we reached Expressway Toll Naka. Once the Ghat started, it was too windy and clouds all over but it was wonderful to drive. Had breakfast on Chakan Nagar road in a restaurant named Indrayani. Had Hot Hot Misal Paw - it just too delicious. It was chilling and we could see local people already wearing sweaters. The road all the way is very good to drive except a stretch before Ahmadnagar where they are making a flyover and road is one way from one side. Mud all over and rains making it worse. To add it to one of electric poles had apprently got uprooted and wires hanging on the road. On top of no one from any Govt. agency to attend to same. Reached Newasa at 1.30 PM. (Newasa is around 45 Kms from Ahmednagar).
	() Thanks

12th November 2009, 11:41	#66
Gilead Senior - BHPian Join Date: May 2009 Location: Chennai Posts: 2,142 Thanked: 60 Times	So when is the court appearance? I assume you did not do any 'settlement' there.
	() Thanks

12th November 2009, 12:04	#67
aryashiv1 BHPian Join Date: Sep 2009 Location: Mumbai Posts: 132 Thanked: 2 Times	Reached police station at 1.30 PM and met the concerend officer. His first statement was you have to arrested today and produced next day in the court as the file has to reach court by 2 PM. I was shocked and in a bit of tension. They were really adamant on doing so. I told them all the reasons I could why I got late and why I need to reach home by evening anyhow. They got a hint and said fine we will make the file now and produce you in the court for bail. They were very well mannered after that and even offered tea. They themselves called for the lawyer. He came and started preparing all the papers. Now the best part. I asked the Lawyer his fees he said 3000/- I said 1000/ settled for 1500/- (which is very high but no option with time constrains). Went to the court and bail was granted on cash surely of Rs. 7000/- at 3.30 PM. got the order at 4 and was a free man. Now some interesting facts: 1. I asked the guys how come after ten months all of a sudden you came up with this case and if the concerned party was pressurising. They said no. The complaint was files on the same day of accident and after that the lady who was injured never bothred to check. It was the cops who initiated the action as it was a pending file with them and they have to take the case further. Very interesting if its really true or just a way to make some easy money. Very very sad state of affairs in our country by the so called protectors of the people to harrass people and make easy money. I am waiting for the first hearing and may be go for settlement with the concerend party as they are least bothered about the case as I can make out. FInally left from Newasa to Shirdi via Shreerampur at 4 and reached Shirdi at 6 PM - it was raining through out, trees uprooted on the road and roads deserted - hardly any vehicles. Last edited by Dippy : 12th November 2009 at 15:21. Reason: Editing the bribe part. Sending you a PM
	() Thanks

12th November 2009, 12:07	#68
Jaggu Team-BHP Support Join Date: May 2004 Location: Bangalore Posts: 20,215 Thanked: 15,908 Times	You just need to plead guilty at the first hearing and close the case by paying fine (under 2k)! Dont bother with negotiations etc etc not really worth it!
	() Thanks

12th November 2009, 12:30	#70
esteem_lover Senior - BHPian Join Date: Jul 2006 Location: Madras/Py Posts: 7,556 Thanked: 502 Times View My Garage	I feel the whole business of buying your way out is just not right. Just shows that you are a cash cow & there is no guarantee that you will not be troubled again in the future.
	() Thanks

12th November 2009, 12:36	#71
aryashiv1 BHPian Join Date: Sep 2009 Location: Mumbai Posts: 132 Thanked: 2 Times	Dear Esteem_lover its not me being a cash cow or something. Its the situation you are in and how fast you want to get out of it at that point of time in some remote place where you dont know anyone. I have learned my lessons now and I know how to I proceed from here now. As Jaggu had pointed out that plead guilty in the first hearing and close the case after paying penalty. This is wat I want to do. And for the first hearing when I go there I will take a lawyer from here not hire a local one, as they are all hand in gloves with local police. Also its not me there are two more such cases from Mumbai for the same reason in the same police station. Last edited by aryashiv1 : 12th November 2009 at 12:38.
	() Thanks

12th November 2009, 12:53	#72
esteem_lover Senior - BHPian Join Date: Jul 2006 Location: Madras/Py Posts: 7,556 Thanked: 502 Times View My Garage	Once you plead guilty, what will stop the injured party from filing for damages ?
	() Thanks

12th November 2009, 13:00	#73
anoopap BHPian Join Date: Feb 2009 Location: Trivandrum Posts: 56 Thanked: 18 Times	Dear aryashiv1, Hope now you r out of tension. But one obvious question that comes to mind is, why didnt you bother to contact the other party. When they are not interested in case, there was good chance that they could have supported you, and helped in closing the case. Another query, whats the surety that police wont harass you in future for same case, IN CASE its not closed in first hearing ?
	() Thanks

12th November 2009, 15:00	#75
MX6 Senior - BHPian Join Date: Oct 2009 Location: City of seven islands. Posts: 2,877 Thanked: 231 Times	Good to hear you are back. Get that case closed at the first available option by pleading guilty. But as Esteem lover points out, they shouldn't come back and file damages. Try getting assurance from the injured lady, though I'm not sure how good that would be. so sorry to hear about the fleecing excercise you are undergoing. Good that it's coming to an end.
	() Thanks