Hello,
It will be difficult for you to prove that you were not wrong. You may go to the lower court of the area and may contest the same if you are sure that you will be able to prove that it was not your fault at all.
Regards
What is section 107 / 19 and MV ACT 184 precisely for
My standstill car at a signal in Belapur, Navi Mumbai was hit and damaged from behind. Yet the police charged me as well as the other person under the same sections, gave us a receipt and took a fine of Rs.2000. The police told me they cannot prove it here that the other party was wrong, so I will have to go to court and challenge the penalty showing the receipt. The other party did not have any vehicle papers, no original license even. He turned violent on me and attempted to flee the scene, is when I stood in front of his car, shouting...that is when traffic police barely meters away bothered to come over after watching it all from beginning. Other party did not want to pay up & did not even want to apologise for his mistake. I also want to know how can I challenge this in court since I am the innocent one suffering for no fault of mine.
Asked 6 years ago in Civil Law
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8 Answers
Dear Client,
Police falsely charged you. File criminal complaint agasint police and third guy.
184. Driving dangerously.—Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.
And section 107 is power of state government to make rules.
See in this case per state rules the police has imposed fine on you for the purpose of offence under 184, and you have paid penalty for same now as per rules you can challange the penalty and can file FIR agaisnt the concerned other person. You can as mentioned in reciepts can challange the fine in court but in my view see since there won't be any strong evidence to support your claim it won't advisable to go and file challange same you paid the fine get car repaired as courts shall cause extra hassels only
Section 184 of theMV Act deals with driving dangerously, be it over speed or in a manner which is dangerous to the public,
2) shall be punishable for the first offence with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.
Section 184 in The Motor Vehicles Act, 1988
184. Driving dangerously.—Whoever drives a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case including the nature, condition and use of the place where the vehicle is driven and the amount of traffic which actually is at the time or which might reasonably be expected to be in the place, shall be punishable for the first offence with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, and for any second or subsequent offence if committed within three years of the commission of a previous similar offence with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both.
You can file an Complaint under section 279, 332 IPC against her. If FiR is not recorded you can file the complaint in court and take necessary orders.
Disqualification from driving and dangerous driving has connection with these sections. So far your query is concern you have to complaint to the Police Commissioner on line with a copy to the traffic police in charge but side by side have to go before the competent court (MM) but now I suggest you that make a complaint only so that they may not repeat the same with others as it will take long time and expenses to challenge the same, they are at fault.
Since you have paid the fine amount as directed by the police, you may approach court with a complaint against the police for this atrocity on the basis of the challan receipt.
You can discuss with your advocate and proceed as per the advise received
