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VIKAS FAGERIA   18 October 2021

accidental case

My father was riding on scooter.A person hit him from backside by a high speeding car.My father did not survive.Police took the person police station and he was released.The person said that it was not his fault.Fir has been lodged.What should be done legally to held the person responsible ?Please advice.


 3 Replies

Raj Kumar Makkad   18 October 2021

Prosecution shall bring evidence before him before the court wherein he shall have to rebut such evidence and only then the matter shall be decided whether he committed the crime or not. Mere oral denial at the time of bail doesn't prove him as innocent.

Pradipta Nath (Advocate)     18 October 2021

Please engage an Advocate to fight for your case and place evidences in accordance with the rules.

minakshi bindhani   11 November 2021

As per your concern!

When an aggrieved person or complainant is not satisfied with the police report filed before the concerned court, such person may move the petition against the negative police report which is called the Protest Petition.

A protest Petition is an opportunity granted to the victim to raise objections against the conclusions of the investigation made by the police, commonly it is filed when police presented the final report under section 173 of the Code of Criminal Procedure, 1973 wherein the police concludes the allegation is not made out against the accused.

Procedure to file a protest petition:-

First, a police report by the officer-in-charge needs to be sent to the Magistrate so that Magistrate can take charge of the case. If the Magistrate decides to reopen the investigation, then under section 200 of the Code of Criminal Procedure, 1973, the Magistrate can examine the victim or witness, where one has the opportunity to narrate their case.

Hope it is useful
Regards
Minakshi Bindhani

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