Offence related under section 279 & 304 ipc

Querist : Anonymous (Querist) 20 December 2011 This query is : Resolved
In october 2009 my uncle was going to attend a marriage.He was sleeping in the back of the car with his son and.driver was driving the car and my uncle's friend was siting with the driver infront. While driving the car met with an accident.The driver was badly injured my uncle and my borther also got severe injuries but my uncle's friend was killed in the accident.Now in december 2011, son of my uncle's friend filed a criminal complain against my uncle u/s 279 & 304 IPC. now can he do so.? What should my uncle do.?Is that there is any time period for such complain? As per cr.p.c. sections 469-473 time limit is prescribed but as the complainent knows about the accused as well as also the commission of the offence can he do so such complain.? please guide with the relevent law point....

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Shonee Kapoor (Expert) 20 December 2011
Though the complaint is within time limit, your uncle and his son has nothing to worry.

Only insurance can be claimed by the heirs of the deceased.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 21 December 2011
This seems to be a grave miscarriage of justice.
If your uncle was not driving the car, then file a case for quashing the FIR or Charge sheet.

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