• Proceeding in case of road accident death

Recently, My cousin temporariliy shifted to adjoining state from Jammu, to pursue competetive exams preparation. But unfortunately she was run-over by a speeding SUV while using Zebra-crossing to cross the red-signal. SUV driver stopped and after forced by by-standers, took her to nearby hospital; where she was declared Dead.
Driver was arrested under sections 279, 337 & 304A; but later released on bail. 
My Cousin's friends witnessed the incident, along with few by-standers, who unianmously claimed that the SUV was indeed speeding and are ready to come forth court proceedings, if needed.

Given the scenarion, We seek guidance to begin with legal proceedings.

1. How soon court proceedings commence?
2. What happpens in such case, where deceased's family is from different state and may not be able to attend every court hearing ?
3. Knowning that driver belongs to upper middle class family and capable of sending the Accused abroad. Should we request court to barr his/her from travelling out of India, till proceeings are done.
4. How do we get help if Police is not cooperating and trying to defend the accused ?
Asked 6 years ago in Criminal Law
Religion: Hindu

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13 Answers

1. The trial of a case commences only when charge sheet is submitted  . Since there is no time prescribed for submission of charge sheet no one can say for sure when the trial would start.

2. The accused person need to attend court on every date which a complainant need not do . Only when he receives the summons for give evidence he would be required to attend the court.

3. At the time of granting bail the court can impose such condition as it likes including restricting foreign travel.

4. Without knowing the laches of the investigating agency it is very difficult to say how to proceed with the case. One option is to file writ petition against police inaction.

Devajyoti Barman
Advocate, Kolkata
23662 Answers
538 Consultations

It will take some time to file the charge sheet by police. After that charge will be framed and trial will commence. It will take 3 to 4 years approx to decide the trial

Prashant Nayak
Advocate, Mumbai
34714 Answers
250 Consultations

Contact a local lawyer and file Motor Accident Claim with MACT immediately against owner, driver and Insurance Co.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

Under Section 304A causing Death by Negligence, the accused can be charged with fine or imprisonment for 2 years or both.the kins of deceased can file claim petition in Motor accident claim Tribunal for compensation against the owner of the vehicle involved in the accident. contact local lawyer. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19382 Answers
32 Consultations

1) police would conduct investigations and file charge sheet 

 

2) personal presence of deceased family members is not necessary on each date 

 

3) court can impose conditions to release accused on bail restraining him from going abroad without court permission 

 

4) complain to commissioner of police against the investigation officer 

Ajay Sethi
Advocate, Mumbai
100042 Answers
8167 Consultations

Hi

In response to your query:

1) Police will investigate and file charge sheet (it may take some time - you involve and push for the same).

2) They need not appear on each date of hearing.

3) Court will impose conditions, if you apprehend such an act, you may show to the court and convince, upon which court if convinced may direct for deposit of passport

4) You can make a representation to the Higher Police officials. (ACP, DCP & CP).

Good Luck.  

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

You should file claim petition in your district where u are residing. 

In criminal case 304a ipc you will have to go once for evidence

 

Tarun Budhiraja
Advocate, Rohtak
379 Answers

1. See FIR is registered the police shall file chargesheet in same and the court proceeding in same shall start.

2. See the prosecution will handle case the complainant can be present for evidence and some other dates.

3. See his bail conditions mostly there are such condition in bail if not file for cancellation of bail and alternatively praying to deposit his passport.

4. See if police is not cooperating file petition before high court to get direction to change investigation.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sad to know about the incidence. 

Please understand that the legal procedures take time but you have many recourses available to you. If police is not doing its job then you can tell the magistrate in court about it.

You have not mentioned the status of the case and if the charge sheet has not been filed then you can provide all the information you have along with the the statements or affidavits of the persons who give testimony. In such case some fake persons may come to you you to give evidence however they may be interested in taking money from the accused and then leave so select your witness cautiously.

Answer two your questions

The court proceedings commence  on the filing of the report by the police officer. It is called charge sheet.

Being a state case you need not to appear on every date. However the presence of complainant bring a better outcome in the case. You will get another matter one in MACT Court for insurance claim. So attend that too. Though your presence is not required on every date and court will call you whenever your presence will be required.

Yes you can request the court to stop him from going abroad. The decision of the court will depend on the circumstances and requirement.

If police is not helping then you can approach this serious of police officer by giving a letter and giving the details of Non-Cooperation. Later on you can submit these informations in the court and ask the court to add  or alter the allegations.

 

I hope this information will help you our please consult a local lawyer for the guidance.

 

GMGupta Advocate

[deleted]

www.gmguptaandassociates.tk

Gopender
Advocate, New Delhi
383 Answers

It will take time, first polcie investigation will complete and than trial will commence. Will take years. Was he drunk ?

Don`t worry about it, only once or twice will need to appear in court, but not fail file motor accident compensation claim. Have to file in six months.

Arrange copy of FIR and post mortem report, file for compensation.

He will not go out without court order, if gone, court will impound his passport.

Hire local lawyer.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear 

If I am not wrong this is the recent accident happened in Chandigarh. Where the girl died on spot.

The parents can file Case of Motor accident claim petition as soon as they want to file the case. The proceeding will start in two months. 

The family of deceased don't have to attend all the hearing Im chandigarh they can hire advocate to contest from their side and even if they don't hire advocate in Chandigarh the state will appoint Public prosecutor for this case.

And case for compensation from accident can be filed in jammu MACT( Motor accident claim tribunal) court.

Yes you can make application for barring the accused to leave chandigarh till proceeding are pending. 

If police is trying to help the accused you can make application to SP or Court for changing of invesigating officer. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1.  This is a state prosecuted case, hence it depends on the police who would initiate process.

2. The victim's family members need not attend court on each and every court hearing date.

3. You dont have to do anything that way, the law will take care of that situation as per law.

4. You cannot do anything if police is not prosecuting the case properly.

T Kalaiselvan
Advocate, Vellore
90245 Answers
2509 Consultations

Fir has been lodged and tge proceedings should have commenced. File a case in the mact for compensation feom them. Also engage a lawyer who  will do all the paperwork and argue on your behalf.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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