• Broke a car window with iron rod

Hi, 

There was an incident happened with me, where in a cab driver while taking a u turn hit my car and my car paint was damaged and he did not stop his vehicle to say sorry to me, so I got angry and chased his cab and broke his car wind shield, I have not launched any complaint against him, now after 5 days police come to my home about the case, I was not there when they have come so I want a legal opinion on this, one person took a video of the incident while it was happening.

Thank you.
Asked 1 year ago in Criminal Law from Hyderabad, Telangana
Religion: Hindu
1. It appears that FIR is registered against you. If that is so then you have to take bail.
2. Considering the offence no serious charge is expected to pressed against you and charges should be mostly bailable and hence should face no difficulty to get bail.
3. i would advise you to compensate the cab driver and persuade him to take back the complaint.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
1,. If charges pressed against you are no bailable then police can arrest you at any point of time
2. Yes
3. Now it is too late.

Meet a lawyer and take the steps as advised above.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
Hello,
1) If the can driver caused damage to your car due to his negligence you ought to have filed a complaint in the first place or at least after you had broken his windshield.

2) Video recording can be admitted in evidence in a case/complaint of this nature.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
No one is allowed to take the law in hand. The first incident is the negligence of the driver of the car ,but  the second incidents is intentional one. It is a gregarious offence,if it is happened after effect of the previous incident.  Most probably you have to take bail . You can amicably settle the matter with compromising with car driver is the best option that way drop the case.Other wise you have to take bail and contest the case.on merit.The same time you can also sue against the driver of the car.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Hello,
1) The police cannot arrest you, however you can be taken into custody for questioning. It is advisable to find out from the police station what is the nature of the complaint, if an FIR is filed etc.

2) You can get somebody to go to the police station to find this out. If there's an FIR move an anticipatory bail.

3)The proof is sufficient. Counter case won't help at this stage. Try to settle the matter out of court.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1) Is there a chance of police arresting me with out an fir, and how much time do I have now?
The police are empowered under some circumstances to arrest without FIR too.



2) As I mentioned in one person took a video of the incident where I was breaking the glass, is it a sufficient evidence to procicute me?
Yes, if that video is produced before court,likelihood chances are that you may be convicted.


3) Since he did not stop his car at the accident spot and I need chase him down can I file a counter case?
You cannot take law into your hands.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1. It seems that the cab driver or service provider have filed a criminal complaint against you for damaging the property. 

2. You should engage a lawyer forthwith to seek bail to prevent your arrest.

3. The video is sufficient to not only prosecute you but also convict you.

4. Any counter case filed now will not have any vigour.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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