Ishan Narang (owner) 30 March 2010

wrongly accused- Please Help

I am a person living in delhi,and suddenly two dsys ago i recieved a letter from a sanstha in agra ,saying that there has been acompensation claim lodged against me for a car accident against a car owned by me for 5lacs in agra.The person affected by the accident had allegedly died.

I was completely shocked as mycar had not ever gone to AGRA or neither did I.I called up the sanstha and told them this and they sent me a copy of the complaint in the MACT filed against me.

The next day in the morning ,twopolicemen from Agra came to my home saying that thir had been a fir lodged against me by the victim's brother .They told methat the relatives allege that someone going by the road told them this number was involved inthe accident and thereforen they registered a fir.Now the eyewitness isnotpresent even.I told them that the car was notof delhi ever but they were notwilling to agree and kept tellingme to go to Agra ,and get bail. But then after a while they agreed to give metime for 2 days to comeand get bail.Though the case has not been submitted before court yet or prove the car was inolved in govt activity.

I amnotinvolved in any way in this case and itseems they are trying to implict someone to get claimfrom the insurance company.What should i do now?pLEASE HELP

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5 Replies

Kiran Kumar (Lawyer) 30 March 2010

really a sorry state of affairs, whatever is the case u can not avoid court proceedings, being a good citizen do go to the court and prove yourself innocent.

if you are true then certainly the process of court is being misused, since this case involves questions of facts to be proved by way of evidence, it will not be appropriate for you to approach high court for quashing.

however later you can ask for compensation for false prosecution.

if the challan is yet to be presented then you can prove your part before Investigation Officer.

Ishan Narang (owner) 31 March 2010

How can i present my part before the investigation officer?

He told me to get something to show the car was involved in a govt duty ,What if it was not?

Can he arrest me without court summon? as he threatened too?

And my lawyer told me that i will need to spend money to get out of this mess. Is this true? Perhaps the police will take money too?

And since a friend of my knows the ADM and DM from the area would a call from him ,help in police being more attentive to my problem and listening to my part as well?

And what is the procedure in this type of cases,if the police files the challan saying that the said car was not involved and was in delhi would it suffice to get me out of this mess?

Thanks for answering my question.

Ishan Narang (owner) 02 April 2010

please help

dawood ahmed (advocate) 03 April 2010

Mr. Kiran Kumar has given you very good and correct advice. Under the circumstances, whatever is the case u can not avoid court proceedings, being a good citizen do go to the court and prove yourself innocent.

My advice is not to spend any amount to influence the police. If you are true, the court will, if not the police, certainly rescue you. However, for the time being you will have to go through the strenuous ordeal of bail, trial etc. But, later you can ask for compensation for false prosecution.

Bidhan Dave (Advocate) 22 April 2010

My advice is that you must approach the High Court I request the court to entrust the investigation to either CID or CBI. Indeed many false cases are registered only to get compensation from the insurance company. You can also inform your insurance company & also request them to engage private investigator & enquire about the accident & the insurance company can also join you in the High Court in your support with the report of their private investigator.

Remember you have to blow the whistle. You have to show moral courage & ask the High Court to conduct "Narco-Analysis Test" on you to prove your innocence. Please spend any money & expose the guilty persons who wants to milk the insurance company by filling the false claim cases. I'm sure the High court judge will surely appreciate your effort.

From my experience i can say that police & local advocate who have filled claim case is envolved in this racket & through investigation will expose these people.

I can also advice as Adv. Kiran Kumar had advised you but that will not serve the purpose. I am sure the relatives of deceased are not interested in your conviction or acquittal, they are only interested in hte money that the insurance company is going to pay