(Querist) 20 October 2012
This query is : Resolved
It so happened last year that my brother was involved in a case with BEST Bus Driver,past 1.5 year it is being draged due to which his career and studies is in stake.
Case goes as such: my brother was on bike and this best driver drove so badly that he had to literally fall down but dint get any hurt so he chased the bus and in signal he crossed his bike and gotinto an argument , in the heat of argument the driver hit him with his sandle and so he also tried to save himself , in this case the driver got hurt on his forehead in the argument, a case was filed under sec 332,353 ipc for stoping the govt servant frm doing his duty,
Now the case is going on in the court for past one and a half year, the advocate we appointed earlier didnt take good steps so date in court was draged and now we changed the advocate, here the issue is that because of all this court case and all things he is not able to study well...during his exams the dates of court come and also he is working now with a company where he will be required to go out of india for some projects or so, because of the case the passport is not yet made and we dont want to get into a situation where the company will also raise question against his short term court allowed passport , so we are not opting for it .
PLEASE SOMEBODY GUIDE US HOW TO SETTLE IT AT THE EARLIEST SO THAT HIS CAREER AND STUDIES WILL NOT BE IN STAKE .
We wish to move out of this case at the earliest. 1)Is outside court settlement possible and 2)if it is possible how to go about it aND 3)HOW LONG IT WILL TAKE FOR THE SAME TO GET SETTLED . 4)IF WE DO OUTSIDE SETTLEMENT THEN WILL THE best Authority go to higher court with appeal. 5)is this a major criminal case?
(Expert) 20 October 2012
it is non compoundable hence settlement is not possible. matter to be taken on board for early hearing n finish
(Querist) 20 October 2012
sir can you please explain how to ask my lawyer to move, i am sure i dont need to guide him but i want to make sure whether he is doing his best possible thing as our family is very worried , he is getting effected badly.
his growth both studies and career wise is getting effected .
so just guide me so that i can cheque with the lawyer , whether he is doing his best!
(Expert) 21 October 2012
Though I am practicing in civil side, on reading your quarry, I intend to help u up to my knowledge.
To my knowledge, even a non-compoundable offence can be settled by examining the witnesses suitably in the box after making a compromise talk successfully through the counsel for complainant or the panel advocate for BEST. if the opponent is not agreeing for any compromise, ask your counsel to get an order from the High Court of your state directing the trial court to speed up the trial and finish the case within a specified time, which the High Court may fix (in suitable cases) in the interest of your brother's future.
(Expert) 22 October 2012
Yes it is true as MR Moorthy says. Do so as he advised above.