Road accident case under 279, 338 & 134(a)(b)
Deep
(Querist) 22 February 2017
This query is : Resolved
Hi I want to know time limit for RTO inspection and time limit for which car can be kept in custody of police station.
Actual facts..
I met an accident with my activa bike which hit an old lady causing her facture in leg. After accident I took her to hospital and called her relatives. Then left for my classes after leaving them in hospital. As hospital was not admitting her for operation her relatives said its case of road accident to admit her in urgent basis (emergency room). Afterwards police came to hospital and asked for statement, they did not give any statement and said that they do not want to file any case. Next day police came to my classes in search of me and called me to police station. In police station they took my driving licence, bike papers (insurance, bill and rc all in xerox), bike keys and bike in their custody for RTO inspection, they handed me a notice and said i have been booked with police case under section 279, 338 and 134(a)(b).
My question is
1. What is the validity of the police case without patient's FIR .?
2. And time limits for rto inspection as asked above. It has been 3 days my bike is still in police station.
3. Is there any further procedure and formalities?
Madhava Rao Gorrepati
(Expert) 24 February 2017
police might have issued on the basis of a complaint of a relative of the patient. accident cases give lot of money to some unscrupulous lawyers, brokers, police officials and such other people who are are concerned with the compensation cases. complaint by patient is not necessary for registering FIR. Police cannot keep the vehicle with them for RTO inspection. RTO inspection is to ensure that there was no mechanical failure, and mechanical failure was not the reason for accident. you will be asked to face trial in a criminal court. the patient files a compensation case if not compromised. this is what happens. you issue a notice to the police for the vehicle.
