can one file a case against traffic police?

"manish" :
 

1.  Firstly, there is no malpractice on the part of the Traffic police, in fining you 1100/- for jumping an red signal.
 

2.  Even if you file a PIL,  it will be thrown out, since PIL cannot be filed for violation of law.  Jumping an red signal (whether accidentally or otherwise) is a violation of law.
 

3. The best course, is to swallow the pride and not jump red signals.
 

4.  If you still wish to, you can be represented by a lawyer to file the PIL.
 

5.  Luckily, you were'nt held for Drunk Driving + Jumping signal, which is non-compoundable and straightaway jailable. (atleast in Mumbai)

BTW, what are the issues in the above, that you intend to put up in your PIL.

Keep Smiling .... Hemant
 

Dear Manish ji, you did wrong and you want to file a case against traffic police !

Hi,

You should not have paid the amount. They Would have produced you in the court. At thattime you Could have inform the magistrate the True Facts.

You could have also filed a complaint in Local Police Station about the harresment and wrongly chargin you fine. 

Since you have allready paid the amount Your case will be only strong if you have some evidence showing you objected the Charged fine.

Regards.

Chirag M. Shah

good suggest by hemant aggrwal .

many thanks for the replies!

i have written a letter to the AAUI (Automobile Association of Upper India), Jt. CP (Traffic) and DCP of the zone. may be this will clarify things.

https://docs.google.com/View?id=dhdsjt8k_1cc862mhf

i was not drunk at 1.30pm, i only accidentally crossed a red light, that too on a left turn, which in most cases are free, and if not specifically marked in delhi as not being free.

i was not happy with the fact that the traffic police were trying to make some money out of me, seeing that i was with foreigners. considering that we're to hold commonwealth games, their attitude brings much more concern.

the fine for red light jumping is Rs. 100, and not Rs. 1100, the case under sec 184 of dangerous driving against my driver is absolutely false and was only put coz the cops didn't get the unofficial amount they were expecting, which i refused to pay. the car was barely at a speed of 10kmph in the direction of flow of traffic.

a) they did not explain me my rights... they cld have simply issued a court summons or compounded the vehicle.

b) we wasted an hour in the process which has cost me money in terms of 2 missed flights tckts.

c) the witness to the case is false, the case itself is false... if the guardians and upholders of law start misusing it against the citizens, shouldn't there be the strictest of disciplinary actions against them?

manish.

https://www.bcp.gov.in/english/trafficpolice/trafficdos/Provisions.html

why should my driver have a case against him in the records under section 184 of indian motor vehicles act for a crime he has not committed and has been falsely accused of by the police just because they were not able to extort extra tips n money from us? it wld have been v. easy for me to pay them 500 and leave without a receipt, this happened because i refused to do that.

Dear Mr. Manish,

The police seems to have charged your driver with certain offences, which may or may not have been committed. If you did not intend to accept your diriver's guilt, you could have refused to compound the offence and pay the fine. Then the matter would have gone to court and your driver could have proven himself not guilty of the offences.

But you were willing to accept a short cut and get the offences compounded, which amounts to an admission of the guilt and paid the fine. Therefore, there is no point in feeling sore now.

In any event if you can even now redress your grievances by filing a complaint against the police officers concerned with their higher authorities for demanding bribe if you have independent witnesses or proof to support the same.

Thanks

N.Ramakrishnan, ADV

i guess you are right sir. after wasting 1 hr, i finally told the cops to confiscate the vehicle and was ready to proceed by other transport. then they offered to let go with a fine of 1100, and i thought it better to do so. i have sent letters to the higher authorities by regd post, and i hope that they atleast warn the officers if not suspend them. thank you.

i still hope that the law enforcers make it compulsory for police to explain a citizen his options so that people not fully aware in such matters do not fall to their tricks and get slapped with wrong sections.

can i file an affidavit now in the local police station against their wrongly implicating us? or is that option gone since i paid the fine by getting the offence compounded?

as i see, i have already jumped a red light... and filing a case against the fine wld seem stupid.

however, i only wish to inform the magistrate that while the fine for the case would be Rs. 100, i was fined Rs. 1100 in a wrong case for very obvious reasons...

i have taken this action and wish to pursue this matter further only because i was extremely offended by their behaviour as they clearly saw me with my foreigner friends and wanted to take advantage of the situation.

can i file a civil case against them for losses i have incurred in terms of time, money and a false case regd against my driver or am i to blame for this as i simply chose to pay 1100, get the vehicle, get rid of them and move on?

"manish" :

1. The offender is your Driver, hence you cannot file any grievance against the traffic enforcers. The traffic enforcers words are final in law for such offences, like signal jumping, mobile talking, jay-walking and for that external evidence is not required. Grievances can be filed with the Seniors of the Dept. (where it is put in cold storage bin)  or with the respective court.

2. The traffic policemen, have been delegated powers to stop, check, impose penalty, who are in a way equivalent to a "quasi judicial" authority.  AND a two star officer, has the power to arrest the offender for  "obstructing justice" etc...

3.  By paying the penalty, the offence is compounded.  BUT it does not mean that you cannot appeal against the penalty (the offender has to appeal and proxy appeal not permitted under law).  You can file the appeal with the special traffic court (as is called in Mumbai), which could consume about 2-3 years and about 20,000 as legal fees etc and about 200 man hours.

4.  A civil case, will not lie against such traffic officers nor can you claim damages.  Even for prosecution of the officers for corruption,  you have to take permission from the State govt.

Somethings in life have to be forgotten and forgiven for the time being. Consider it as a fringe benefit for staying in a Democracy.

SUGGESTION :  (that is if you have sensitised yourself too much on this issue)

BUY some powerful survillance equipment, camera, recorders etc...   YOU know and I know that the traffic dept is corrupt. Track & Trap them in a Sting operation for the news channels and reduce corruption and be famous too.

Keep Smiling .... Hemant Agarwal

well said hemant sir. i am willing to sponsor this sting operation, if any members know any sources here who can help, pl. suggest.

HEMANT AGARWAL EXPLAINED VERY WELL. YOU CAN START STRING OPERATION.

MANISH,

IF YOU WANT MAKE A LITIGATION AND TO FIGHT TO THE EXTENT YOU FEEL, THIS IS UPTO YOU,PROCEED.

I have  a case in which a Jr. advocate was charged Rs. 630 for getting certified copies of the order as well as supporting papers (33 in all) by the Registrar of the Consumer Forum. Since he was not aware of any rule and was in a hurry to prefer an appeal, he paid the amount and got the receipt for the same. Now, the question is, can a registrar charge such a huge amount from an advocate who is fighting his own case? Can the amount be retrieved? If yes, how?

valentine