The case is not over, till the officer files his report.
You maybask your lawyer to look into the file of the court and see what is the status of the case.
Regards
Ipc 277 and 322 : compliant is not coming to the court since past 1 year and my vehicle and me are not verified yet. Judge has given notice to investigating officer. What does this means, do it mean that case is over ?
The case is not over, till the officer files his report.
You maybask your lawyer to look into the file of the court and see what is the status of the case.
Regards
279 and 337 Sorry accident case. Please note the ipcs
Yes. That is ok. The procedure shall remain the same, as noted earlier by me in the previous answer.
Inspect the file in the court.
Regards
Both are bailable and you would have been enlarged on bail now. The IO may call you to come to court and pay the fine. In such cases, paying fine has become the norm. If IO doesn't call you, you can ask IO to file the report in the court and on that day, you will be called to admit or challenge. You admit and pay the fine.
The case in not over the most possible answer is that magistrate has stayed the proceedings under 210 CRpc of the complaint under ongoing investigation which is not still completed.
1) Under sections 279 and 337 IPC, only rash and negligent act is punishable not an accident.
2) U/s279 which read as “Rash driving or riding on a public way” , the Hon’ble Apex Court in catena of judgments have held that the constitution of offence under this section must be proved in reality that the accused (that’s you in this case) created danger to human life by rash and negligent driving on the road or caused hurt or damage to any person, further “rashness” should be proved.,
3)Furthermore, the other section, i.e. 337 which read as “causing hurt by act endangering life or personal safety of others” can be compounded by a person to whom hurt is so caused, with the permission of the court.
4) Otherwise also conviction under these sections can no way affect your job, moreover, if the other person is not interested in the case, police anyways have to close the case down. If you feel like, you can take that person for compensation before the MACT Act court. So the zest is you have to get in touch with a qualified lawyer.
Ask the court to issue warrant of arrest if the de facto complainant is absent even after issuance of summons.
So first get the summons issued and then warrant of arrest.
However do note that unless and until trial starts after submission of charge sheet the presence of de facto complainant does not require at all.
So clarify the present status of the case so further advice can be given.
Hi
No the case is still not over.
But there is nothing serious against you in this matter. At the max you may have to go to police station or court few times.
Ask the engaged lawyer to confirm about the present status of the case by going through the court file.
Thank You
1. It seems that the matter is fixed for prosecution evidence wherein the complainant is not coming to the court.
2. Investigating officer may have been issued the notice to compel the presence of the complainant before the court. You can apply to the court to close the prosecution evidence.
it appear that FIR has been filed against you for rash and negligent driving under section 279 and section 337 of IPC
2)IO has to conduct investigations and file charge sheet or closure report
3) since IO has not yet completed investigations notice ust have been issued to IO
4) case is not disposed of yet
case has been filed against you for rash and negligent driving
burden of proof is upon prosecution to prove case beyond reasonable doubt
Hello sir ,if the complainant or the challan( investigation report ) is still not produced before court , you can file quashing of FIR in high court under section 482 Crpc
The case is not over.
The case will be over over only once the IO files the closure report.
You can also be absolved on the payment of the requisite fine/penalty.
Giving notice to the IO is a procedure.
The complainant need not visit the court for the state prosecuted case.
You may have to wait for the response from IO and the decision of court subsequently if the IO is not turning up.
279 and 337 Sorry accident case. Please note the ipcs
If the defacto complainant has already deposed evidence then the complainant need not attend the court, it has come to the end stage i.e., examination of IO and then the case will be dismissed after hearing arguments of both the sides.
Respected sir...
Just hire a good lawyer because you have number of options available and your FIR might had been quashed till today from Hon'ble High court...As In such a scenario when the complainant does not turn up in the court for evidence, the court will issue summons against the complainant to come to the court and depose. If the complainant doesn't come despite the court issuing summons a couple of times, then the court can drop the testimony of the complainant
Also, in case the Complainant does not appear in court despite repeated summons, the matter can be dismissed by the Court in default due to the Complainant's non-appearance
Recently, Punjab Vigilance Special Judge had declared the Complainant as Proclaimed Offender as he had not appeared before the Court despite repeated summons and ordered attachment of his property.
Furthermore, you can file a petition before the High Court for quashing of FIR on the ground that the same is false and the Complainant has never appeared before the Trial Court
Thereafter you can can file a complaint in the court for the offence of defamation
Lodging of a false FIR/complaint is punishable under IPC. Such an informant / complainant can be proceeded against under section 182 IPC or under section 211 Indian Penal Code by the police. You can file a complaint to the said Police Station where the FIR was registered to proceed against the Complainant under Section 182 or 211 of the Indian Penal Code....
Thank you
No, it does not mean that case is over. It means judge would ask some clarification or status report from investigation officer. You need to follow up the proceedings.
1. The Complainant need not come to the Court at all unless evidence is required to be given by him/her.
2. May be that the IO is not submitting its charge sheet or fFnal Report even after completion of 1 year for which he has been sent notice by the Court. The case is not over. Rather it has not started yet properly.
3. Have you availed bail from the Court?
4. If not apply for and avail the bail and then you shall come to know about the next date of hearing.
5.After the charge sheet is filed, simply plead guilty before the Court by filing an application.
6. You shall be fined with an amount less than or up to Rs.1 k and will avoid the hassles of attending the Court on all the days of hearings.
7. If you do not want to plead guilty then contest the case by engaging a lawyer having xpertise in this field.
1. This case is between the State and yourself based on the complaint lodged by the Complainant.
2. It may run for even 4 to 5 years giving lot of trouble to you.
3. Under such circumstances, it is always advisable to plead guilty and pay the fine to come out of the mess unless the accused decides against it.