False Hit & Run Charges

Querist : Anonymous (Querist) 25 March 2011 This query is : Resolved
We are trapped in false hit and run charges. My sister's car was not moved out from the garage for over 45 days and suddenly police came to serve a notice that the said car was involved in Hit and Run and served notice to my sister!

It seems that a person riding bicycle was hit by a car and sustained injuries on hand. He reported our car number (some how...) in his complain to Police!!

How can this be countered? My sister is a well known and highly respectable Doctor in Mumbai but is made to suffer due to such Open Ended Provisions of law!!!

Can someone help?

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Kiran Kumar (Expert) 26 March 2011
well it all will be a matter of evidence....you will have to prove the facts...better seek help of some local lawyer so that he can analyse the whole set of allegations made in the FIR and other aspects.

Querist : Anonymous (Querist) 26 March 2011
Thanks.... means that an intentional or unintentional false reporting can lead anyone in to this turmoil of police station and court!!

Here in this case the person reported accident at 12.30 in the night, he reported our car no and identified car as Qualis - where as our car is Ascent!! Police is not ready to listen to such basic indifference also.....

will it have to go to the court only?

Amit Minocha (Expert) 26 March 2011
yes it would be so since the offence has been registered.

Arvind Singh Chauhan (Expert) 26 March 2011
Put these facts before higher police officials for fair investigation. You may approach to HC for quashing of FIR and may ask compensation from state if police stick on complainant's version.

Querist : Anonymous (Querist) 26 March 2011
Does issuing a notice to submit license and car papers mean offense registered?

Do we have a right to ask our statement to be recorded while accepting such notice from police?

Dayananda Gowda (Expert) 26 March 2011
If the police has notice to submit license and car papers, handover the Xerox copy of your license and RC book without fail. It is necessary for investigation and also helpful to you if the police has filed final report against you. It is evidential value before the court, since the car is not involved in the accident. request the police to take your statement

Querist : Anonymous (Querist) 26 March 2011
How do we know from police if they have already filed report against us? can they do so without any intimation to us?

Can we insist on statement to be recorded? (... what if they refuse to record???)

Sorry to have put forward so many simple questions... but you may be able to understand the agony and turmoil being experienced for no fault of ours..... !!

Raj Kumar Makkad (Expert) 26 March 2011
Your sister should make representation to the higher police officials and should bring the true facts in their knowledge and should seek their intervention and withdrawal of notice.

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