Help ! fir against me u/s 337 ipc and 134 mv act


Sir, 1 month back when i was driving in national highway, i hit an moped bike in a junction. the bike suddenly came from the divider opening (right side )without looking for any vehicles. after i hit the moped bike, my airbags deployed and i panicked and i escaped from the spot thinking they are dead ( wrong on my part, but i panicked ). my bumper with number plate have stayed in the accident spot. later after 2 week i got the FIR copy from online ( i am a law student, i know how to get fir from police website ) and i saw fir against me under section 337 ipc ( they got simple injuries on face and leg) and 134 mv act but they misread the number plate, for example instead of a* 01 b* 4613, they wrote a* 01b* 4813 ( beacause there is a screw on 6 i will look like 8). its been a month i dint receive any notice from police. i want to know will i get traced ( i mean will they take this case seriously ) ? if i get traced and in court will i get imprisoned for this ? please give all your suggestions.

 
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It is advised to surrender in court and obtain bail. The given sections are bailable offence. You can also effort to compromise the matter. But if you will not take care of the case then court will declare you Proclaimed offender and will continue the trial in your absence and since there will be no defence so conviction is confirmed and thereafter,the things will become complicated and whenever police will trace youi the you shall be liable to face imprisonment as awarded by the court. Consult a lawyer with details.

 

 
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they did not trace me because they got the wrong number as till now i did not receive any summons from police for investigation. i believe i will become pro claimed offender if i dint appear before court after they sent me summons. till now they dont know who is the offender.

 
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Scientist/Engineer

It is a matter of risk and chance. No one can advise you what to do. A law-abiding person will advise you to surrender. One who does not care for the law, will advise you to take a chance. Police have many cases to handle and they make mistakes. But if the opposite party persists, they will look at other possibilities and decypher the correct number. If they succeed you will have a real problem.

 
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Yes, i agree with you. But its already 1 month now, even if i surrender the consequences would be same as if they caught me by their own. after how much time period will they stop investigation in the case ? According to my understanding the person who crosses the road should look and proceed (that too this being a national highway ). Will this point help me get away from section 337 of ipc ( negligence or rash act causing simple injury). My only mistake being 134 of mv act(hit and run). If i accept the charges will i be let free with fine ?

 
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Scientist/Engineer

In accident cases,  the police invariably take the side of the pedestrian. The lowest court accepts evidence submitted by the police. It is also possible that the police takes the case to the court without apprehending you and reports that the accused was absconding, particularly if the predestrian presses the police to proceed. The court can give ex-parte decision against you. The police will keep the order in the files, to be executed if and when you are  apprehended. It is also possible that the pedestrians do not press the case and the police closes the file as an unsolved case. The police do not worry about you. For them it would be one more unsolved  hit and run case. They are worried about their grading by their seniors. Their grading will go up with the number of solved cases with successful prosecution and it increases the chance of their promotion. There is a chance that you are let off. There is also a chance that you are caught.

 
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Scientist/Engineer

If you are caught, you can say that you stopped your vehicle and tried to help the victim and even offered to take him to doctor or hosptal. As the injury was only minor both of you decided not to make an issue and left. After a long time it will be difficult to get the witnesses. The witnesses may not remember either. If at all any prison term is awarded, you can go on appeal to a higher. You can also buy the victim.

 
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Thank you and for your information the victims were on a moped scooter and the police have recovered my bumper with number plate on the accident spot too and also their bike was completely damaged. If i tell that i helped the victim and settled there itself will this cause any doubt ?

 
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