Person injured in accident doesn't show up

Khalid Shaikh (Querist) 25 October 2021 This query is : Resolved
The case has been on hearing for 3yrs, the case is IPC 279,338 , I hit a woman (she came in front of my bike while talking on phone when the signal had just turned), i helped her but a case was filed. this happend in 2016 the case went to court in 2019 and has been on hearing from feb 2020, what would happened if i don't go to court or how can i get the case dismissed, The case is police station vs me

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Quick Summary

This discussion addresses a legal case involving a road accident where the injured party has not appeared in court. The individual facing charges is seeking advice on how to proceed, as their hired lawyer has also been absent from hearings. Experts suggest changing legal counsel and explain the potential penalties under IPC sections 279 and 338, while also noting that such cases are often resolved with a fine rather than imprisonment.

Dr J C Vashista (Expert) 25 October 2021
There has to be 2 different case(s) for a motor accident FIR viz;
i) u/s 279 & 338 IPC to be tried by a Magistrate and punish the accused;
ii) u/s 140 / 166 of MV Act for compensation by Motor Accident Claims Tribunal
which one is the case referred in your query ?
What is the opinion and advise of the lawyer engaged / paid by you for contesting / defending you, who is well aware about facts and circumstances of the case(s) ?

You are wrong as the case is already registered in competent court and not with the police.

If you do not want to attend the court shall proceed as per law.

Neither of the case(s) shall be dismissed, if FIR has been lodged and it is not a "time pass" query.

Why do you need second opinion and obligation of experts on this platform except the fact it is available FREE OF COST ?

Khalid Shaikh (Querist) 25 October 2021
Thank you for your reply sir but there is only one case against me u/s 297 & 338
The lawyer i hired didn't show upto court for any of the hearing and didn't tell me anything about what is going to happen so i have no idea of what am i supposed to do and i am just going to the court giving my attendance getting the next date and leaving

Dr J C Vashista (Expert) 26 October 2021
In these circumstances you should change your counsel.

P. Venu

(Expert) 27 October 2021
The best option for you is to plead guilty and remit the fine. You can appear personally or entrust the brief to (another) advocate>

By the way, what is the case No.? Which court?

Shubham Bhardwaj (Expert) 28 October 2021
Dear Mr Shaikh,

I agree with the advise of learned expert Sh Vashista G that you must change your counsel. However, to give you an idea, the case against you is under Section 279 and 338 IPC. It is a criminal case for which you may be sent to jail. The punishment for Section 279 is jail upto 6 months or fine of 1000 or both. Punishment for Section 338 is jail up to 2 years or fine of 1000 or both. Therefore, if you loose the case, you may sent to jail for period upto 2 year (if punishment run concurrently).

So, change the counsel so that you are defended properly in court. Once prosecution evidence is is closed, you will be in trouble if cross is not done properly or not done at all.

Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh

Disclaimer:- Opinion is only for guidance.

P. Venu

(Expert) 02 November 2021
I strongly disagree with Mr. Subham Bhardwaj. It is seldom the case that imprisonment is awarded in such cases. It is the settled practice, I repeat, that such traffic offences are disposed with fine, once accused pleads guilty.

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