Procedure for ipc 304a
Rahul
(Querist) 18 April 2012
This query is : Resolved
Hi,
I am Rahul and I was charged under IPC 304A.
The amount for the deceased was settled by my third party insurance company. But the criminal case is still under trial. I have attended the court hearing for about 5 times now but the witness never appeared and my case is getting postponed.
I want to know how long will this process take to complete? What is the witness doesn't turn up at all? Is there anything I can do to speed up the process.
Please help.
Regards,
Rahul
ajay sethi
(Expert) 18 April 2012
you have been accused of causing death by negligence .it may take couple of years depending upon pendency of cases in your city . the prosecution has to prove its case . dont be in hurry to speed it up
PARTHA P BORBORA
(Expert) 18 April 2012
it is the duty of the prosecution to summoned the witnesses. If the summons were duly served and the witness not appear before the court without taking any step, the court may issue a bailable warrent against the witness. Sometimes summons were not properly served and it that situation court has to re issue the summon. So it takes time as court must allow a reasonable time to the prosecution to produce the witness.
Adv.R.P.Chugh
(Expert) 18 April 2012
Rahul,
The Criminal Law would take it's course, if you are confident that you were not grossly and culpably negligent or rash - you should really contest. If you don't want to contest - and want to speed up, contemplate plea bargaining. In which half of minimum punishment or 1/4th of maximum is awarded, sometimes even compensation does it, these days Courts are somewhat harsh on road accident cases. So please Discuss the same with your local advocate before proceeding
Rajeev Kumar
(Expert) 18 April 2012
Yes i do agree with experts views
Shonee Kapoor
(Expert) 18 April 2012
I also endorse the expert opinion provided.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 18 April 2012
I dont know your age but if you are in the race of getting passport, service etc. then your plea bargaining shall definitely be treated as confession of your crime and it may create problem for you so I do not suggest this way.
If you have already come to a compromise with the complainant party so personally call the witnesses (material) mentioned in the list on the next date of heating and get their hostile evidence and if anything is required to be paid, pay them and get the matter settled. If material witnesses are hostile, the court shall close the case as per procedure.
