• IPC u/s 279/337

Dear Sir,
My Car hit one person on 06 Feb 14 , which causes very minimum injury in his legs. Although I taken him to hospital and there he asked RS 200000 from me. When I denied he lodged a FIR U/S 279/337 in IP State PS Delhi, saying that I hit him intentionally with high speed car.I would also like to tell that I was driving car with my learning licence and a trained driver with valid license was sitting beside me.

Also. I belong to a schedule caste. Please let me know how I should proceed. Also whether any legal aid can be provided being from Schedule caste.

Thanks

Susmita Jain
Age-26
Delhi
Asked 2 years ago in Criminal Law from Delhi, Delhi
since FIR has been registered ,now you will have to fight the case in court ,do not go for legal aid ,hire a advocate
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Go to High Court for quashing of FIR as well as take bail from local court and contest the case.
Soumya Kundu
Advocate, Kolkata
87 Answers
0 Consultations
4.5 on 5.0
it varies from advocate to advocate
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
When case is started then you have to face the trial unless the FIR/Chrargesheet is quashed by the high court.

Take bail first and then fight the case on merit.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
At the outset, it needs to be mentioned that your ''scheduled caste' status is immaterial to the process of law which has kickstarted after the registration of FIR. 

Since the FIR has already been filed you have no option but to contest the case on merits. If bail has not been granted then obtain it lest you find yourself behind bars.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
you apply for bail you will get it without going to jail. engage good lawyer for your help
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1. Since FIR has been filed, criminal case has already started against you,

2. There is no waiver of punishment for being SC if the charges against you are proved,

3. Legal aids are for poor people only,

4. First of all you engage a lawyer and avail anticipatory bail & regular bail, otherwise you shall be arrested,

5. After availing bail, contest the case.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Since FIR has already been lodged, collect the FIR No. & apply for anticipatory bail immediately.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
You can apply for bail right now. No need to wait till service of summons
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
1. Mere absence of complaisant does not close the case. When during evidence of the complainant , he remains absent the court can close his evidence which directly benefits the accused person by way of his acquittal. There is nothing called ; closure' of case in this situation.
2. SC and ST person does  enjoy any special advantage in general criminal jurisprudence.
3 Fees differ from lawyer to lawyer.
Consult a good lawyer.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
Do not wait for any summon from court as they will not be sent. Do not go for free legal aid as most of the lawyers in free legal aid cell are the ones who do not evince any interest in representing the accused. Engage your own lawyer by paying his legal fees. That you are a scheduled caste is no ground to avail free legal aid. 

The case can proceed even if the complainant does not appear in court. You may be held guilty and sentenced to prison notwithstanding the absence of complainant in your case. 

The legal fee of your lawyer will be the 'expense' for dealing with the case, which only your lawyer can tell you.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Yes, but free legal aid is nothing to do with the merit of the case.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
1. In the instant case, it is between the govt & you as two parties,

2. The case will be dealt with by the public prosecutor appointed by the Govt,

3. The case will proceed even if the complainant is not present in the Court when he has not been required/asked to be present,

4. Do not seek free legal aid since it may not deal with your matter seriously. Engage your own lawyer by paying his fees,

5. Advocates' fee varies from place to place & also from advocate to advocate.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
already replied
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0