• Section 279 and 337

I was driving with family in Sector 18 Noida on 31sr December 2018. While taking a u turn a group of youngsters were crossing the road (not a zebra crossing) and one youngster got hit at a speed of 20kmph. While falling, his head hit the road and his nose and ears bled. I immediately took him to hospital and paid for expenses (approx 60k). The hospital informed the police and the police took my vehicle to the nearest police station. 

The family of the youngster initially thanked me and assured that they will not file any FIR but they did. The police didn't pay heed for the next three months. My lawyer informed me that the technical inspection was supposed to be done by the police and some other documents too . 

I had to pay each and every desk in the court to get all the required documents for submission from the police's side. Technical investigation report was submitted by me on 05th of April, 2018.

The accident happened on 31st December 2017 and I finally got my vehicle on 6th April in a bad state. The tyres of the vehicle were changed. 

Now leaving all this aside, the investigation officer now calls me and asks me to submit my RC, DL and the other documents. My lawyer asked me not to provide any documents to police and instead asked me to give his number to police in case they need any documents. The police calls me at 9:30 PM at night and tells me that I am not providing any documents and they will close the investigation report that I have not co-operated with them and the court shall punish me accordingly. 

My family is tensed. Please suggest further course of action.
Asked 1 year ago in Criminal Law from Noida, Uttar Pradesh
Religion: Hindu

Submit certified copy of documents required by Police

2) you must cooperate with investigations

3) burden of proof is upon prosecuon to prove that you were driving rash and negligently

Ajay Sethi
Advocate, Mumbai
68775 Answers
4139 Consultations

5.0 on 5.0

Donot worry nothing will happen just submit copies of dl and rc and insurance to polic station.

If police further says anything or contends like this in there final report contest same and inform that you received no written notice for same and produce all documents in court.

Further burden of proof in case is on prosecution to establish there was negligence and rash and driving on your part.

Donot worry you won't be punished or penslised.

Shubham Jhajharia
Advocate, Ahmedabad
20700 Answers
80 Consultations

5.0 on 5.0

Further if police needs documents there is nothing on record that they gave you notice to remain present before IO or informed you mere calling at night 9 police cannot be said bonefide.

Donot worry there is nothing wrong just go and submit copies of documents.

I must not say this as lawyer but this is the way they call accuse when they need somthing out of course hope you understand what I am saying so give documents with a covering letter and take endorsement for same in other copy that you have submitted it to police.

Shubham Jhajharia
Advocate, Ahmedabad
20700 Answers
80 Consultations

5.0 on 5.0

I would advise you to do the following:

1. Engage your lawyer immediately in the case, make him do the work. Make him talk to the police. You do not directly talk to the police make sure your advocate is advising you at every step.

2. Since the FIR is filed, you should approach the court and apply for ABA- anticipatory bail immediately. Since both the sections are bailable offence.

3. Also, make sure that, your lawyer submits all the documents on time. Always go with your lawyer to the police station so that the police don't harass you.

4. Do not directly contact the injured person or his family members.

5. This is a minor case, as long the injured person is recovering well, there is less stress for you.

6. Also the police can't damage your car when its in their possession. There are many case laws which prohibit such activity by the police officers.

Gowaal Padavi
Advocate, Mumbai
1841 Answers
2 Consultations

5.0 on 5.0

Hello sir , the FIR is registered and the police will be needing documents to complete the investigation... Since you are on bail , there is no fear from the police ... It is advisable to join the police investigation , you can accompany your lawyer at the time of investigation.. You can contact me for further doubts..Thank you

Hemant Chaudhary
Advocate, Gurgaon
4305 Answers
31 Consultations

4.9 on 5.0

They cannot exploit or threaten you , it is best advisable to join the investigation with your lawyer

Hemant Chaudhary
Advocate, Gurgaon
4305 Answers
31 Consultations

4.9 on 5.0

See firstlynthey cannot ca you at odd hours for any investigation unless urgency which is not case here second if they in worst pit non cooperation in charge sheet you can bring facts before magistate .

Before that with an covering letter submit documents and take endorsement that will be our record for that we have provided all the documents.

Further if police man had word with your lawyer then they must have sorted out things.

Further you have received no notice, police cannot contend before magistrate they called you at 9:30 in night for investigation so donot worry we have defence and police is aware they won't do anything like that.

Shubham Jhajharia
Advocate, Ahmedabad
20700 Answers
80 Consultations

5.0 on 5.0

Firstly, the kindness which you showed to them is appreciable, but they are not right at their end.

Secondly, the point is that you don’t have to worry about anything as things will be clear at the end stage of trial during cross examination as you told me that they were not on the zebra crossing.

Thirdly, police can’t close the investigation whether the matter is in court or not.

Fourthly, though they may call you at 9 also.

And no not at all, there is nothing like criminal offence you your lawyer talks to the police, we everyday in the High Court talk to police.

Please, take a deep breath and enjoy nothing would get happened to you.

You can consult me for further assistance.

Sanjay Baniwal
Advocate, South Delhi
4931 Answers
11 Consultations

5.0 on 5.0

Yes they can call you at anytime of the day. Although they are not allowed to, they will harass you.

Since there is pressure on police to close the investigation in 60/90 days therefore they are forcing you to submit the documents. Also, make sure that the injured has not approached the claims tribunal otherwise it creates problems for you. He could seek damages from the court of MACT.

In an accident case the police registers under the above mentioned sections. If you are ready to plead as guilty and pay the fine then it will be sorted out.

Since they are threatening let your advocate talk to them. Send them your lawyers number.

Gowaal Padavi
Advocate, Mumbai
1841 Answers
2 Consultations

5.0 on 5.0

Hi if the first information report has been lodged against you then try to get the copy of the first information report first then just check out the allegation made in the FIR, if they are against you then contact a local lawyer or if possible send it to me I am a lawyer at allahabad High Court so further appropriate legal steps may be taken then only I can suggest whether to cooperate in instigation or to take any stay order so that the police personal may not harassed you and if everything is fine then suggest to cooperate in the instigation so that a police report may be summitted in your favour sometime the local lawyer give wrong deal advice only with a view to take money thanks good night

Atul Shahi
Advocate, Allahabad
110 Answers
1 Consultation

4.0 on 5.0

police can call upon you to submit the required documents

2)you can take your lawyer with you when you go to police station

3) in your reply you can mention that you would be coming at day time with the requiste documents . to kindly fix date and time during the day for submission of documents

Ajay Sethi
Advocate, Mumbai
68775 Answers
4139 Consultations

5.0 on 5.0

Dear Concerned,

The police is trying to Harass you - No they can not call you to PS to give them documents. In case they are asking for documents - you may choose to give them the COPY of the RC and DL - no need to give them the original - you may tell them on face , "I will submit in court".

In case you can prove that the tires of your vehicle has been changed , FILE and application in the same court through which you have taken your vehicle back and complaint about this to the court.

LET them file an adverse report - the court will send summons to appear and you will have to take a bail - as this is a bailable offence - you will not have any issues. YOU have done your best as you have provided medical treatment to the injured. PLEASE note this Boy met an accident while JAY WALKING on the road , hence you may choose to defend your case strongly and not get further penalized for this.

Best of luck

Atulay Nehra
Advocate, Noida
1210 Answers
47 Consultations

4.7 on 5.0

For the investigations the time and convenience is almost non considerable but if you are being hurresed you need to file mandamus writ in the High court to get the direction that police need not to do the huressment.

There is a procedure to get the case papers from the court and you need not to ask from desk to desk and your advocate knows that.

Vimlesh Prasad Mishra
Advocate, Lucknow
5639 Answers
19 Consultations

4.9 on 5.0

once you had submitted all the documents in court then there is no need to submit your documents to I.O. but if he ask you for that documents. Than asked him to provided any legal notice for this .and said to Him if there is any need to that documents i will produce in front of court

You can mail photocopy of documents to police station through registry and keep same copy

Ashu Mishra
Advocate, Bulandshahr
4 Answers
1 Consultation

4.0 on 5.0

You can very well submit the photo copies of the RC and DL to the police, this is part of their investigation.

Why do you hesitate so much in this regarde.

Your advocate will not be called to submit them by the police, they will keep harassing only you, hence better cooperate with the police and get the case disposed at the earliest.

T Kalaiselvan
Advocate, Vellore
58597 Answers
742 Consultations

5.0 on 5.0

Will the court punish me for this? Is it a criminal offense to ask police to talk to my lawyer? Can the police call me at 9:00 Pm for all these documents?

The police should not call you at 9 pm, but you know that the police do not hav time for such aspects, hence they might have reminded you.

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.

However offence under section 279 is non compoundable.

Hence the case has to come for trial and your lawyer should disprove the same by challenging the police case properly.

T Kalaiselvan
Advocate, Vellore
58597 Answers
742 Consultations

5.0 on 5.0

Can they call at 9:30 PM for the same? And rather explaining me course of action, they are threatening me.

That is the nature of police.

You won't find any solution for this.

Ignore it and face the trial proceedings.

T Kalaiselvan
Advocate, Vellore
58597 Answers
742 Consultations

5.0 on 5.0

Hi,

You are supposed to come with clean hands in the court and you may file an application regarding all the things done by IO and submit photocopies of the documents in court itself.

Ganesh Singh
Advocate, Delhi
3262 Answers
9 Consultations

4.5 on 5.0

Many times police threatens you without any legal aspects. Don't worry if you have appointed a good lawyer he will guide you. If FIR is recorded then they will just file chargesheet. As you have admitted him to hospital and taken due care you will be acquitted after bthe trial.

Prashant Nayak
Advocate, Mumbai
14277 Answers
24 Consultations

4.6 on 5.0

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