Police has slapped us
Rohit Modesara
(Querist) 16 October 2016
This query is : Resolved
Hi There,
Hello,
Ms.Usha Kapoor
(Expert) 16 October 2016
Drunken driving is a crime according to traffic rules. So the police have slapped you (although not drunken) and your 4 friends.
Guest
(Expert) 16 October 2016
You are So Much up set being Slapped but Just Imagine if you were involved in any accident it might have caused danger to your Lives as well as others Too.Just take it as a Lesson and modify your self.What your Parents would have done when they see you drinking as well as driving too.whether they would tie their hands and watch you happily.Also Note Drinks could easily motivate you Easily to any sort of Crimes and Repentance at Later Stage will Not be of any Use.
Kumar Doab
(Expert) 16 October 2016
The police personnel may take a stand that you were intoxicated by drinking in public place and combative.
Rajendra K Goyal
(Expert) 16 October 2016
Police has no right to beat / slap any body.
They have done wrong.
However, otherwise, they could have detained you, challaned you, get you medically examined for drunken state, produce before the Magistrate next day, either accepting the punishment or defend your self and come to court for years. They misused their power but you were saved from all such troubles also they saved their trouble in preparing case papers.
Generally, system does not hear much against police in such cases till you have big approach and your charges are hard to prove beyond doubt now.
Rajendra K Goyal
(Expert) 16 October 2016
Even if still you want to proceed, can lodge complaint with the higher officials, Chief Minister. If want to file, can file direct complaint in Magistrate court, any fruitful result would come is doubtful in the system.
You can be called for inquiry.
P. Venu
(Expert) 16 October 2016
Yes, certainly you can proceed against the concerned officials. However, the procedure may turn out to be counterproductive!
Guest
(Expert) 16 October 2016
Dear Expert Mr.P.Venu Please Do not mistake me.Please Refer Ms.Haveliwala's Case in Mumbai where she killed few Persons including Police Man after Drinking And Driving.In Salman Khan's Case the Supreme Court had asked why the Bombay High Court had Not Identified the Driver while Releasing Salman Khan and the Matter is Pending in Supreme Court the Case where Innocent Poor Workers with out even Identity were Killed.If the Drivers of these cars were Stopped by Police before the Occurrence of Accidents the Lives Would Have been Saved.The Slap by Police is more appreciable than allowing the Killings.Also Mr.P.Venu How we would feel when we walk on the Street/Road if a Drunkard Car Driver comes to Hit us.
Devajyoti Barman
(Expert) 16 October 2016
Case of assault u/s 323, 326 IPC lies against the police personnel.
So any person being the victim can lodge complaint with local police.
Guest
(Expert) 16 October 2016
Incident seems driver is not drunk but all passenger are drunk. And Police took stand that all are drunk. And they behaved with driver in same fashion.
Now to prove that driver was not drunk is tough , Now it is tough to prove Cop ever slapped the innocent driver too because witness friends where drunk.
Better take in other note think your friends where punished for drinking in public place and you suffered un-necessary.
Not to drink in Public place is law in some state , you can not drink out side and move in drunken state on roads etc.
So chances are that you may have broken some state law too . you require to check it apart from central law.
Better forget the incident , and don't drink outside. Nor seat in Car when you are drank.
Actually I feel Cop have saved you from legal procedure else you all may have spend more days behind bars.
In some state law , local state law states Drinking in public place or moving wile taking alcohol in public place is prohibited and you can be punished for it . Reason is that people drink alcohol and lie on roads and foot path and thus create problem. So whether such law is there for Rajasthan or not check it . Before jumping to any conclusion
Guest
(Expert) 16 October 2016
On July 2nd 2016 Midnight At Jaipur Rajasthan siddarth Maha son of Rajasthan Legislator Nand Kishore Maharia along with his friends in their car BMW rammed on an autorickshaW killing three persons on the spot.All of them in the Car were fully Drunk,They were fully consuming liquor in a Bar from 6.15 p.m.and left at midnight and the Video coverage at car parking of the Hotel was a proof.
Guest
(Expert) 16 October 2016
In Aug 2016 girl Archana who had come down to Vellore in Tamilnadu to meet her boy friend Vivekanandan alias Vicky had Drinks together and were driving the Motorbike in Drunken Mood.When police Stopped them archana had assaulted the Police Men including a Woman Sub Inspector at Vellore.Her boy friend vicky damaged the furniture at Police Station.After becoming normal Once she realised she was Arrested she was Crying but had No use.
Guest
(Expert) 16 October 2016
Basing on all the above Incidents Mentioed by Me the Author and his friends who are Youngstairs should Realise and Appreciate how the Police had Prevented them from all this
Rajendra K Goyal
(Expert) 16 October 2016
I have mentioned both options, option is yours.
Kumar Doab
(Expert) 16 October 2016
Yes; Both options have been illustrated.
Discuss with your own counsel.
Rajendra K Goyal
(Expert) 19 October 2016
You said:
we didn't do anything wrong in that condition as well, we are just coming back to our state and none of us have the criminal background so how can they treat us like this,
Reply:
Drinking and driving is enough ground /wrong to initiate action. They would have treated you otherwise if having criminal background. They slapped you, yes it was wrong action, legally they should have taken in custody / arrested you, got medically examined, put behind bars, make you sit and sleep on floor and produce you before magistrate in 24 hours, who would have listened to you during proceedings after 2-3 years. You had the option to accept the crime, court may have fined you, stamping you punished person.
You said:
we're not taking the liquor on public place, we've just passing away from highway after completing our party
Reply:
Highway is public place and you were found in drunken state.
Rajendra K Goyal
(Expert) 19 October 2016
You said:
They really misuse their power by slapping sirs / mams so please help me.
Reply:
Yes, they misused power, they should have moved in legal way as mentioned above, they should not care, what would be consequences / effect on your future.
You said:
They should listen us before start slapping us and how can they slapped that guy who has not drunk
Reply:
They are not supposed to perform the duty of Magistrate to give you fare chance to be listened / defend you, rather they should have adopted the legal path against you and produce you before Magistrate to be listened.
You said:
we've treat this incidence as a lesion or actually they misuse their power on us only because all of us are out state's people
Reply:
It does not make a difference, drunken driver belong to which state, action of police is similar all over India.
Does person of other state have any legal right to show indiscipline / indulge in criminal activities and should be avoided by the police.
Rajendra K Goyal
(Expert) 19 October 2016
What is the age of all of you, from your post it seem all of you aer between 20-30 years.
Are you well settled in your career?
Is any of you Government employee?
What type of party was this?
Have you any proof of misbehave from police with all of you?
If you feel so much hurt, may lodge complaints with higher police officers. step may not fetch desired results.
Discuss with local lawyer, file direct complaint with the Magistrate, case may take 2-3 years result depend on merit and pleadings and may not satisfy you.
Next is moral way, work hard, become higher police officer / political leader and bring radical change in police working / thinking / attitude, if can.
Learn a lesson from this event to reply in other way by working hard.
