Police Complaint Advice
RKP
(Querist) 07 July 2011
This query is : Resolved
Yesterday my father was walking along the road near our residence when a stationary vehicle a little ahead in front of him was reversed by its driver. Since it was directly coming reverse rapidly in front of my father he moved back fast to avoid collusion and in that got hurt in his foot by a bicycle kept aside and started bleeding extensively.
Then an argument followed between my father and the driver.
The driver refused to accpt his mistake and lied that he had given the horn while taking reverse.
My father asked the driver to take him to hospital but then the driver fled.
The vehicle is a maruti van and is seen in that area frequently when it comes to drop home the school going childrens.
FYI I am located in Mumbai.
Can I file a police complaint against the driver.
If yes then on what points can I file the police complaint?
A V Vishal
(Expert) 07 July 2011
Yes, you can file a complaint with the police alleging negligent driving. Hope you have the registration number of the vehicle. Take a Medical certificate to certify the extent of injury to your father.
RKP
(Querist) 07 July 2011
Thanks Vishal for the reply.
My father just talked to the driver again and the driver said that he will pay for the medications by 10th of this month by coming to my house.
But the driver refused to give his address and his phone number saying that his phone number does not work.
Any suggestions on this.
Gulshan Tanwar
(Expert) 07 July 2011
dont wait for the driver's version instead first lodge the complaint and then the driver will do the same more faster than his tongue.
Ajay Bansal
(Expert) 08 July 2011
As advised above by Experts.
PALNITKAR V.V.
(Expert) 09 July 2011
You should have lodged a complaint immediately for rash and negligent driving punishable u/s 279 of IPC. Still better late than never since you have Registration number of the vehicle.
dev kapoor
(Expert) 09 July 2011
It is clear case u/ss.279/337 RPC.It is cognizable & FIR is entertainable.If however the police is reluctant on any ground file a complaint before a Judicial Magistrate of the jurisdiction stating how police was uncooperative.Court will take cognizance.Supplemented by an application praying the Magistrate to get your father medically examined for injury on foot.Never shirk,eh !
RKP
(Querist) 11 July 2011
Thanks all for the suggestions
RKP
(Querist) 19 August 2011
My father had met the police on 14 July 2011 and explained him about the incident.
The police had noted down and he was said that police will enquire and will give him the call. But it had been more then 3 weeks now and we were still waiting for the reply.
On 14th he was not given any complaint number.
After not receiving any call from police today my father again approached the police station and there
was some other inspector.
This inspector asked if any complaint number was given to us or not.
When my father said no then he said that complaint has no validity and that inspector might have written about the incident in rough.
This inspector has now written the statement in two copies of paper and again said that they will inform
us in 2-3 days.
The inspector says that he will call the accused driver and then discuss and then decide whether a police complaint / case should be filed against him or not and then register an FIR and then arrest the driver if needs arise.
The inspector also says that he cannot advise the driver to pay compensation.
I do not think that in any case of any type filing an FIR needs the presence of the accussed or a
discussion with the accused.
Does filing an FIR need discussion with the accused?
Also in july as my father was not able to go to police station due to injury and I was out of station I had filed an online complaint that time regarding the same on the www.mumbaipolice.org. I had got a complaint number for the same.
Can that online complaint number be considered for FIR?
Pls guide as to what our next step should be.
