I'm ritu raj I was with my wife both were coming by My car on 09 April 2021. At 4.20pm a hf deluxe byke with two Boys came very fast and recklessly towards my car from Wrong Side and got hit. I Don't know both of them. The both boys has said sorry to us for their mistake. Then my wife Shilpa and two other person said to leave them for their mistake. The both bykers have not any helmet & DL. But on 14th of April 2021, the father of a byker has filed false case against me that " His son xyz had been hit by my car on 09 April 2021 at 3.45pm. as his son xyz Kumar has been waiting there for a Bus." But my car got hit with a byke at 4.20pm and my car damaged. I have sent my car to Maruti Service center for repairing and claim on 10 April 2021. The fasle case has been filed against me. The Cctv footage of petrol pump is showing that boys are coming from Wrong side on byke. The police has obtained my RC DL Insurance copy and A jmanti's docs. And police has shown byke in investigation that accident has occured with byke. Now police is calling them for thier byke and DL of boys, but the opposite party is not coming. But should I do now?? Please suggest, I'm in govt job. Will it effect my job??
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You should lodge an FIR against them as you are the real victim not them. There lodge an fir. In the fir has been lodged so you should keep your point of view and obtain cctv footage and cooperate with the investigation.
The sections have been imposed upon you are penal sections. The police will submit a charge sheet soon.
You should not worry as you haven't done anything wrong.
File a case in the MACT for compensation.
I have wrote to SP about this incident n send a cctv footage. The cctv has been received by IO through SP. Should I lodge a FIR separately???
Yes you should. They lodged an for first and that is why they are in a better position despite being wrong.
1. Lodge a Police Complaint against the two boys for coming in the wrong side, without helmet, causing damage to your Car.
2. Also lodge a complaint in the Police Station for hoisting false case against you by the boy's father.
3. Nothing will happen to your job as it's not a criminal offence but only a traffic offence.
It would not affect your job
2) you should plead not guilty and contest false case filed against you
3) burden of proof is upon prosecution to prove allegations beyond reasonable doubt
You can file FIR against the bike drivers for rash and negligent driving
1. You can also lodge a FIR under Section 279/323 IPC against the boys for negligent driving and causing hurt which includes mental agony.
2. It should not affect your job if you have obtained bail.
1.Is there any time limit to lodge a FIR bcz case was filed against me on 14th April 2021. 2.And I don't know the byke's number, is it possible to lodge FIR against unknown byke ? 3.in what DHARA / Language /format should I lodge a FIR against His father for false case???
1. Although there is no 'time 'limit' to file the FIR but the basic tenet of criminal law is that FIR should be filed at the first available opportunity without any delay. The subsequent FIR is treated, more often than not, a counterblast.
2. Despite the fact that CCTV footage shows your innocence and it has been sent to the IO also which should ideally result in filing of a negative final report against you, but if he does not make it a part of the investigation then he may file a chargesheet against you by suppressing the said CCTV footage, a mischief which cops commit in routine in such cases.
3. You may file a petition before the High Court under 482 Cr.P.C. to seek a direction to the IO to make the CCTV footage a part of the chargesheet/final report.
Claim is not barred by limitation
2) If the individual causes an accident due to rash and negligent driving, resulting in any bodily injuries of other individuals, then he is guilty of committing an offence under Section 279 of the new Motor Vehicle Act. Moreover, he will also be held liable under Section 337 of IPC - imprisonment for up to six months or penalty, and Section 338 of IPC - imprisonment of up to 2 years or a hefty penalty.
3) you can lodge FIR against unknown bike
Write a complaint based upon what happened. Obtain the bike no. From the fir lodged by him.
Dear Sir,
1. Motor Vehicle cases are very common in India. This is not at all a strong ground to affect your government job.
2. If you have informed the SP, there is not an absolute necessity for you to file an FIR,
3. You may simply file a quash petition for the case that has been filed against you.
4. Please record all these proofs (CCTV footage and any other) that may be used to disprove the allegation against you.
5. FIR may be filed any language, even if you do not know the bike number
6. There is no time limit to file the FIR, the earlier the better
God Bless
Thank you
You give your statement narrating whatever happened and leave the place, let the police take any action on it.
If those boys are not coming, then the police will take suitable action to summon them by issuing them notice.
If the police is still registering FIR against you, then you obtain AB and challenge the false case before the trial court on the basis of documentary evidences and merits in your side to get the case dismissed.
Actually you should have lodged a complaint at the time of accident which would have been more effective and would have protected your interests, now it would be considered as an after thought, hence the police may not even register your complaint,
Well you can lodge a complaint against them even now based on the CCTV footage as evidence to your complaint.
Actually you should have lodged a complaint at the time of accident which would have been more effective and would have protected your interests, now it would be considered as an after thought, hence the police may not even register your complaint,
Well you can lodge a complaint against them even now based on the CCTV footage as evidence to your complaint.
Actually you should have lodged a complaint at the time of accident which would have been more effective and would have protected your interests, now it would be considered as an after thought, hence the police may not even register your complaint,
Well you can lodge a complaint against them even now based on the CCTV footage as evidence to your complaint.
Actually you should have lodged a complaint at the time of accident which would have been more effective and would have protected your interests, now it would be considered as an after thought, hence the police may not even register your complaint,
Well you can lodge a complaint against them even now based on the CCTV footage as evidence to your complaint.
You can lodge the complaint even now, no doubt it will be considered as case in counter.
You can mention in your complaint that you do not know the registration number of the bike.
You can write a complaint on the basis of the facts, the police will frame the charges as per law accordingly.
- Since you have already lodged your complaint , then police will take legal action and submit the proofs before the court.
- Further , you can also give a compliant for lodging an FIR for damaging your car by those boys due to rash and negligent driving , and limitation has not been expired till now .
