Road accident case
Querist :
Anonymous
(Querist) 28 May 2010
This query is : Resolved
My father expired in accident hit by a two wheeler. Case is registered against the accused and taken to the court. But it is learnt that the case is dismissed. The ground for dismiss is not known and we are not aware about the dismissal of the case. We want to punish the accused. In this regard, please clarify on the following doubts.
1. Whether Court / Public Prosecutor has any obligation to inform us about the judgment? If they fail to inform, what will be next course of action for getting the judgment copy.
2. How to get the judgment copy and how to appeal against the judgment?
3. What is the appeal period in such cases?
4. As we are not aware about the judgment, whether the court will consider delay in appeal filing, if any?
5. Whether can we file the appeal directly or it has to be filed through PP only?
6. If PP refuses to file the appeal, what will be the next course of action?
7. Whether Director of Prosecution / Supdt., of Police of concerned district will be helpful in this case?
Raj Kumar Makkad
(Expert) 28 May 2010
1. PP has no obligation to inform the fate of the case to the complainant.
2. Enquire the exact date of decision and the concerned court, apply its certified copy from copying branch of the court and then engage a counsel to prepare the appeal on your behalf.
3. 30 days from the date of decision plus the days taken by copying branch to prepare the copy.
4. Delay condonation application should be moved and definitely it is considered on the grounds mentioned therein.
5. District Attorney's permission is mandatory in some States whereas in some States, local amendments have been made vide which direct appeal can be filed.
6. PP has not to file the appeal so no further question arises.
7. Yes.
