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Pavan   01 February 2022

Accident case delay in fir

Road accident happened to my brother in the year 2001 and we lose the case because of late fir of 3 months and case in the high court. and a police case was filed 3 months late due to no one going to the police station.I had seed so many judgments which say the delay in fir cant rejects the claim

Find attached case status document in the high court.

Query

1] In high court case status is pre-admission. Please let me know what it means?

2]Delay in FIR rejection of claim?



Learning

 6 Replies

Satyam Anand   01 February 2022

At the stage of pre admission court will first examine that whether your case is fit to be heard or not. Your case seems to be barred by limitation as 21 years had already been passed.

Pavan   01 February 2022

Thanks for your reply.But delay happened because in the high court.Please help in giving directions

Satyam Anand   01 February 2022

You may share your case number along with the details of the court so that i can check why it is pending for such a long period. only then I can give you a concrete advice.

Pavan   01 February 2022

Sir attached case details


Attached File : 664248 20220201223812 high court for the state of telangana 2 2 .pdf downloaded: 56 times

Dr J C Vashista (Advocate)     02 February 2022

Delayed registration of FIR can not be ground for dismissal of Motor Accident Claim, recheck order/ judgment passed by Tribunal.

It would be advisable to consult another local prudent lawyer for better appreciation of facts and professional advise.

Aryan Raj   02 February 2022

Dear Pavan,

It essentially indicates that your case has yet to be accepted for hearing in court. It signifies the petition/appeal is still at the office level, awaiting more information or details that the office has sought, such as case records.

Delayed FIR can be harmful for the prosecution as the court usually views such delay with suspicions, but if the delay can be explained with proper reason then it mustn't affect the case negatively therefore one must have substantive reason for the delay.

Regards,

Aryan Raj


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