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Aditya Singhal (Manager)     14 January 2015

10 days jail under sec353 for helping a road accident victim

Hi All,

i was sent to Jail for 10 days on helping a road accident victim. I noticed a bike accident and people surrounding the victim. Victims relative was asking for help so i took them to the hospital in my car and left all my good on the road which was basically a big cold drink tub. I came back to collect the tub and landed with an argument with a Constable who was later found not on duty as per the CD. It was completely the fault of the constable as he did not listen to me. I was sent to Jail under Sec 323, 353, 332 and 7  criminal act. 

FIR was logged against me that me and my brothers were beating the constable however it was completely a false statement. Even as per medical report we had open wonds on head as i was beaten by a base ball bat and the constable shows only pain on body.

As per Bail judgement the constable was found not on Duty as per the Case Diary and was not in uniform. It did mention that we are educated people and we have helped a person as per the humanity.

 

We are now requesting Police to submit a Final Report however they are blaming us and saying that if they do this then their job will be in danger.

 

Please suggest what is the possible chances in this case and what should be done. It is tough for us to go on hearing every time.



Learning

 10 Replies

naveen arya (member)     14 January 2015

I know this is irritating to go to hearing on state cases. But for punishing these types of corrupt constables, you should stand and fight. This will set up as an example for your known persons and also for the known of that constable. Plz don't give up your fight.

Jayashree Hariharan (Advocate)     14 January 2015

v sad that good samaritans face the music. kudos to you for such act of kindness.

you can probably approach the commissioner and explain, if possible. have you brought this to the notice of the judge? were there any eye witnesses when you did the act of kindness? if you know them or if the accident happened near some shop, etc. probably you can produce them. 

pls approach human rights authorities

Aditya Singhal (Manager)     15 January 2015

SSP, SP, CO all have been informed but they have left the matter to the IO. Seems there is no help. I have no idea why they cant put a final report now. May be they need money from us as we got to know that they are demanding lakhs of money because we are more cautious of our career. Seems like i am paying a heavy fee for helping a road accident victim.

Judge was told and he did mention that statement in the Bail Order. Next process is documenting the matter in charge sheet and then we might be called for hearing.

Victim's relative and his family is aware of this act that we took the victim to the hospital  but they were not present at the site when we returned back to pick our equipment from the road.  I know there were guys but do not know who they were as this took place outside the main market. We do have a statement in the Bail order that me and my brother have 6 and 5 open injury but the constable did not even had a single except the pain. Some of his local friends did come who started beating us and no one is catching them. They are free.

Not sure if i file a cross  case under Sec 307 because i had an open injury on the head as per the medical report.

Aditya Singhal (Manager)     15 January 2015

Mrs Jayashree. Thanks for giving the opinion to bring the matter to Human Rights but at this point in time my parents are thinking to get a final report submitted.

 

I have a question ? Can we file a cross case after 90 days under 156/3 if we get to know that the IO was making a fool out of us.

Isaac Gabriel (Advocate)     16 January 2015

Human Rights forum is the right choice where you can get the curing touch for the cruelty and injustice meted out to you by the uniformed personnel

Aditya Singhal (Manager)     16 January 2015

Thanks a lot Isaac Sir. We will reach out them if things are not sorted out by police in filing the FR.

Pranay Aggarwal (Consultant)     17 January 2015

Please read the attached order or Supreme Court.

Hope this would help.

It says public who help road victims should not be troubled.


Attached File : 155500137 s.rajaseekaran vs union of india & ors on 22 april, 2014.pdf downloaded: 132 times

Aditya Singhal (Manager)     17 January 2015

hi.Thanks ..however i am not able to download the file.

T. Kalaiselvan, Advocate (Advocate)     18 January 2015

It is a fit case to move before the human rights commission.   Also, you may take up the case for quash before the high court. The cops will never amend themselves, especially on such situations, all those who are friends or foes within themselves, will forget all their personal issues but join together to torture the innocent public.  This is because they remove the humanity from themselves sooner they clad khaki uniform. Stand up and fight against them in all possible ways to show to the world the cruel side of the egotist and rude cops.

 

Aditya Singhal (Manager)     18 January 2015

Thanks for the suggestion sir..Currently we are trying our best politely..If things does not turn in our favour before filing the charge sheet or FR, we will reach out Media, Human Resource and will fie a Cross case if required.


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