Fir (section 279/337) filed against self by police havaldar


On 08/08/2015, during heavy rush traffic around 2045 hours, I was unable to cross JVPD circle, when the traffic light turned to amber from green. By the time I stopped my Chevrolet car, signal had turned red and my car was about 2 to 3 feet ahead of the stop line, I presume since the road is not marked. I had barely stopped, when a burly man in civil dress on his shining mobike stopped in front of the car and started shouting "Bahar Nikal". Traffic on green light was in the mean while moving uninterrupted. Not happy with the attitude/looks and language of the mobike driver, I told him to take my car number and complain to the Police, but refused to come out of the car. He kept abusing and shouting all kinds of profanities like "Budha ho gaya gadi chalane nahi aata. Training lo ja ke. Badi car ka matlab road inka hai etc etc" in the mean while but parked his mobike in front of my car. I am a retired IAF pilot and was almost 74 years old on the date. Another retired IAF pilot from Bengaluru, my entry mate,was visiting me & was in the front seat with me. Both our wives were sitting in the rear seats. Since my entry mate is a Maharashtrian, he opened his window & requested the mobike driver in Marathi to please remove his bike and allow us to go as the signal had now turned green. Mobike driver did nothing & kept shouting that his bike was hit by us & was damaged. He also shouted that it will take more than 2000 rupees to get it repaired & who will pay it? I called Police on 100 for help on my mobile phone more than once without getting any response. By now, traffic police man on duty at the JVPD circle had come to the spot as our car was not moving ahead on the green signal & scores of car behind us were honking and cursing. It was almost a commotion. Police man on duty at JVPD and the mobike driver were apparently known to each other. Duty police man made us park the car in one corner after the lights became red & advised us to sort out the issue amicably. By the conversation between the duty police man and the mobike driver in Marathi, we also came to know that mobike driver was a traffic police man himself. We refused to pay any money to any one and therefore, were directed to come to the DN Nagar police station by the duty police man. We drove to the DN Nagar police station, which was barely 1 km away. We narrated the whole incident to the police inspector on duty at the police station. He asked us to go and finish our dinner and come back to the police station. No identity proofs were asked. No statements were taken. We returned to the police station around around 2300 hours and were made to wait there till 0145 hours or so. We were asked no questions. In the mean while, mobike driver had already presented himself in the police station with a bandage on his left leg tied around 18 inches above the left foot. We were told that he was treated in the police hospital for his wound. We also saw one of the staff at the police station handing over a neatly typed statement in Marathi by the mobike driver to the police inspector dealing with us. We also came to know that mobike driver was an ex DN Nagar police station staffer and still resided with his family in the family quarters of the DN Nagar police station just behind the police station. Police inspector, now told us that we can go home provided some one signs the bond papers. When my co passenger, the retired IAF pilot offered to sign the same, police inspector declined on the pretext that some supportive documents were required for the same. Fortunately, my entry mate had all the required documents like the Aadhaar card, driving licence, Bengaluru residence electricity bill etc with him and told the police inspector that he is a retired Brigadier rank officer & should be eligible to sign the bond. Ultimately, he did sign the bond papers along with me and we were allowed to leave at 0200 hours or so. Our car was never seen or inspected by any one. No car papers were seen either. Next day, a police sub inspector came to my house in the morning around 0900 hours. He told me that there was some problem due to rains etc at the time of incident yesterday. Investigation has not found any mistake by anybody and asked me to sign one register.s last page, which had hand written text in Marathi. No papers were given to us at all till now by the police station. On 17/05/2018, I was given a notice at home by a police courier that I had to appear in court for FIR filed on 08/08/2015 case under IPC 279/337. I did appear in the said court and have been asked to produce a surety on 31/08/2018 to allow me bail. I was totally unknown and unprepared for the case thinking that police had closed it after investigation. I was not even aware that I was actually arrested and released on bail by the police station & that is why the bond papers were required to be signed on 09/08/2015. I understand that now. My question is what is the limitation law applicable in this case? Pl note that FIR was done on 08/08/2015 and the charge sheet has been signed on 21/04/2016 by the Sr Police Inspector, DN Nagar Police Station. Same was handed over to the Court on 18/05/2018. I have been given the copies by the Court now. Awaiting your valuable response please.
 
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Advocate

First of all do not worry. Both charges are not serious in nature. If IO proves this case for the satisfaction of the court, u will be fined only, considering your age. U need to hire an advocate to defend you properly in this false case because if u r saying that incident happened in 2015 and charge sheet was filed in 2016. First hearing date is in 2018, what had happened in these 2 years. Need to know the proper case details.

 
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Sir, incident did happen on 08/08/2015, but copy of charge sheet provided to me by the court was signed by the IO on 21/04/2016. However it was never submitted to the court till the date I was asked to be present in the court on 18/05/2018. Nothing is known to me as to why the IO took more than Two years to file the charge sheet in the court. Some sources tell me that court Judge was not accepting the charge sheet due to the delay. But, somehow, Police convinced him to accept it. Your advice Sir on the time delay. Is it OK?
 
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Sir, incident did happen on 08/08/2015, but copy of charge sheet provided to me by the court was signed by the IO on 21/04/2016. However it was never submitted to the court till the date I was asked to be present in the court on 18/05/2018. Nothing is known to me as to why the IO took more than Two years to file the charge sheet in the court. Some sources tell me that court Judge was not accepting the charge sheet due to the delay. But, somehow, Police convinced him to accept it. Your advice Sir on the time delay. Is it OK?
 
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Sir, incident did happen on 08/08/2015, but copy of charge sheet provided to me by the court was signed by the IO on 21/04/2016. However it was never submitted to the court till the date I was asked to be present in the court on 18/05/2018. Nothing is known to me as to why the IO took more than Two years to file the charge sheet in the court. Some sources tell me that court Judge was not accepting the charge sheet due to the delay. But, somehow, Police convinced him to accept it. Your advice Sir on the time delay. Is it OK?
 
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Sir, incident did happen on 08/08/2015, but copy of charge sheet provided to me by the court was signed by the IO on 21/04/2016. However it was never submitted to the court till the date I was asked to be present in the court on 18/05/2018. Nothing is known to me as to why the IO took more than Two years to file the charge sheet in the court. Some sources tell me that court Judge was not accepting the charge sheet due to the delay. But, somehow, Police convinced him to accept it. Your advice Sir on the time delay. Is it OK?
 
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Sir, incident did happen on 08/08/2015, but copy of charge sheet provided to me by the court was signed by the IO on 21/04/2016. However it was never submitted to the court till the date I was asked to be present in the court on 18/05/2018. Nothing is known to me as to why the IO took more than Two years to file the charge sheet in the court. Some sources tell me that court Judge was not accepting the charge sheet due to the delay. But, somehow, Police convinced him to accept it. Your advice Sir on the time delay. Is it OK?
 
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Sir, incident did happen on 08/08/2015, but copy of charge sheet provided to me by the court was signed by the IO on 21/04/2016. However it was never submitted to the court till the date I was asked to be present in the court on 18/05/2018. Nothing is known to me as to why the IO took more than Two years to file the charge sheet in the court. Some sources tell me that court Judge was not accepting the charge sheet due to the delay. But, somehow, Police convinced him to accept it. Your advice Sir on the time delay. Is it OK?
 
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Advocate

For this reason, I m asking u to hire an advocate. U r capable person who can take the services of an advocate. U/s 279/337 of IPC maximum punishment is 6 month or fine upto INR 1000. Period of liumitation has expired. Court can take cognizance within year as per section 468 crpc. The benefit of section 473 crpc can be given, if delay has properly been explained to the court. Also, court satisfaction must be judicial satisfaction not the personal satisfaction of the presiding officer. In your case, it is not a criminal conspiracy which has taken so much time to be resolved. Simple road accident, thats too not of serious nature. Accused and aggrieved person both were traced. Then what police is investigating for the last 2 years. It is just to harras you and extort money from you, and for taking revenge to satisfy their ego they r filing this case. 

Again hire an advocate and place your defence properly before the court instead of searching free legal platform. These platforms are just to clear the doubt.

 
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Dy Director

Please read twice what Mr Saching Sharma has stated.

 
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