since FIR has been registered ,now you will have to fight the case in court ,do not go for legal aid ,hire a advocate
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 10 years ago in Criminal Law
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14 Answers
Dear Rajeev, Thanks for your reply. Please let me know the approximate total expense for the case
Asked 10 years ago
Go to High Court for quashing of FIR as well as take bail from local court and contest the case.
it varies from advocate to advocate
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.
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.
you apply for bail you will get it without going to jail. engage good lawyer for your help
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.
Dear Sir, Thanks for your valuable replies. Please let me know also that whether I need to wait for the saman from the court or I should ask for the bail now only.
Asked 10 years ago
Since FIR has already been lodged, collect the FIR No. & apply for anticipatory bail immediately.
You can apply for bail right now. No need to wait till service of summons
Thanks Dev. Please let me know the following queries. 1) if the another party who has filled a case against me, if he doesn't appear in the court or not interested to fight. in this case whether case will be closed or I will have to fight. 2)Also please let me know the review of district legal service authority, as the accused is a Schedule caste women. 3)How much will be the expense in dealing with the same as I am very nascent for all these thing. I am not aware how to get a good lawyer.
Asked 10 years ago
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.
Thanks Devajyoti. I have heard about District Legal Service Authority(DLSA). who provides free legal AID and free advocate to Schedule caste and Women. I would request you to share your experience or review for DLSA. Below is the link for the same http://dlsa.gov.in/contactus.html
Asked 10 years ago
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.
Yes, but free legal aid is nothing to do with the merit of the case.
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.
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