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YP   18 March 2016

Fir and case under section ipcs 279 and 337

My wife had an accident with a kid one year back. Though it was not at all her fault as all of a sudden that kid jumped on to the road and came under the front bumper and she suddenly applied the brakes. The kid got little injured and got injury in his foot. She immediately took him to nearest hospital but that hospital referred the kid to other hospital after first aid and then his parents took him to other hospital without telling us.
As we did not know the kid and his family so we could not catch up with him. Later we got a notification from police that FIR has been filed against my wife under section IPCs 279 and 337. Police impounded our car for 1 day and released on superdharinama and took the RC and driving license of our car. We have searched for kid’s details in FIR and found him and found him OK and again confirmed later, he became fine after few weeks.  From last 1 year, IO saying he is not getting health status report from the hospital. As per IO, treating hospital says report will be given by first aid hospital but the hospital where first aid was given says it will be given by treating hospital. So IO is saying he cannot proceed with the case until report has been issued by hospital. It has been more than a year now, shall I believe on IO statement? What should I do to recollect my RC and DL? What best can be done now to get rid of this case?



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 2 Replies

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     03 June 2016

YOu have to wait untill submition of charge sheet after obtaining bail at this time.

Pawan S (Advocate)     03 June 2016

Better to persuade the IO to refer the sheath, citing 'mistake of facts' or 'false information'.

The prospects of getting punished in this sheath are very remote. As the other person did not sustain grievous injuries, it is futile for him to go for accident claim.

 

 

Since the police has seized the RC & DL, I believe they must have given you the temporary acknowledgement for those artifacts u/s 206 (3) of MV ACT.

Such acknowledgement shall authorize the holder to drive until the license has been returned to him.


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