• Investigating officer

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 ?
Asked 8 years ago in Criminal Law
Religion: Hindu

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21 Answers

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

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

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

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

case has been filed against you for rash and negligent driving

burden of proof is upon prosecution to prove case beyond reasonable doubt

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

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

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

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.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

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.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

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

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

file petition u/s 482 in high court for speedy disposal of case.

Arnab Kumar Banerjee
Advocate, Kolkata
112 Answers

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.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

No. if the police has not filed the cancellation report or likely to file the same.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

If FIR is lodged chargesheet will be filed. Then summons will be issued to you. If summons are not issued to you there is no need to appear in court.

Prashant Nayak
Advocate, Mumbai
34536 Answers
249 Consultations

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