Pawar Pankaj (Clerk) 18 February 2014

Accident case

On 7th February, accident took place on my two wheeler resulting injury ( minor fracture to collar bone & minor skull injury ) to a 60 yr old man.

The man was immediately taken to a nearby hospital by me. The man was discharged after 4 days. By that time, police had already the case against me under IPC 279 & 337 and forwarded to the court. All the medical expenses and bills were paid by me. The patient is not bedridden.

Police is not willing to give us the FIR copy.

Q.1 ) WHAT IS THE DURATION OF THESE CRIMINAL PROCEEDING.

Q.2 ) I AM WORKING IN MERCHANT NAVY, SO IS MY PRESENCE BEFORE COURT NECESSARY.

PLEASE REPLY THANKING YOU.

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 18 February 2014

On receipt of summon, for the first time as well as during the first questioning, you should be present in the court, subsequently, your lawyer can represent your case and also your lawyer can file a petition u/s 205 Cr.PC to dispense with your personal appearance before the court on the grounds of your employment contingencies. The copy of FIR and other related papers will be given to you in the court on the first appearance before the court. Police will not furnish the same. Since you are employed in overseas involved employment, I would not suggest you to admit to the offences and pay fine and get rid of the case because it will hamper your future career, especially a criminal case decided against you may have an adverse effect on your career involving overseas employment which requires strict compliance of immigration formalities, do not take a chance. Let the criminal proceedings take it own time, just hand over the case to your lawyer and follow it up by keeping in regular touch with him in this regard from wherever you are.

Pawar Pankaj (Clerk) 19 February 2014

I m innocent, as when i was riding the bike, signal was green. But how can i prove my innocence here, we have no witness? Coz the man involved in accident says, it was not his mistake.

can the lawyer file a petition for my non appearence since the first hearing itself, since i have to go on ship in first week of March? How long it will take for first hearing to take place? Someone said, three months it takes?

but Police is unnecessary dragging the case to court, i dont see any reason? Is there a solution here? The person who was involved in accident, his statement is not yet recorded, so how can the case already go to court?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 19 February 2014

Dear Querist no need to worry, engage a lawyer for your defense and go to your work, there is no specific time for decide the cases in indian court. your lawyer can handle the case.

Pawar Pankaj (Clerk) 19 February 2014

Thankyou so much for your advice. Appreciate your help.

What will be the result if both parties do not turn up in court at the time of first hearing and all subsequent proceedings without appointing a lawyer ?

thank you