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anu   11 August 2017

Gurgaon traffic challan

Hi I was challan by traffic police in gurgaon for driving in wrong direction (took U turn and it was not allowed) so I was challened, I was challenging to traffic police as i had to take a u turn from good distance area and it would take me another half an hour as it was on most busiest road but traffic cop was not willing to listen and also challaned me for misbehaving as he seemed that i should not have discussed anything with him when he was challaned and should have surrendered under his baseless speech. the challan penalty raised upto 600. as court was around 50 km away from my home so i missed dedicated dates and when i went there two three time on weekend then mostly I found either court timings gets over or some time holiday or some time strike so i also did not submitt just because it was difficult to get it done easily. now its been seven years but challan is remained in court.


 3 Replies

Saurabh..V (Law Consultant)     11 August 2017

Dear @Author


Seven years is not a small period. Even the Limitation Act permits cases upto 3yrs or so (depending on the case) however this is something extremely confusing.


First of all, in so many years, did you receive any summon/notice/letter from any court or police deptt regarding that challan? If not, then I believe there is no further cause of action pending and you can ignore this case once & for all.


Secondly, you must remember if you paid the fine on the spot or were you directed to deposit the fine directly at court premise? If yes, then it is all but over already. No further action is required.


If not, then you must have been directed by the challn officer to submit before the competent court and you must have surrendered any of your document to the officer like Driving License or Registration Certificate of the vehicle etc. If so, you need to go to the competent court under who jurisdiction the challan was slapped on you and get your document back by paying this challan.


My advice would be: If you need to go to the court for getting any of your deposited document, hire a decent advocate as the elasped time would create problems for you in the court. Judges don't like such delays.


All the best!




1 Like

anu   11 August 2017

Hello Sir, Thanks for given a precious time of your whch was spent resolving my query.

sorry i forgot to put important points which i remember just when i see your reply.

1. I also changed the address of my home which was listed in my RC or written in challan receipt.

2. I got to know from neighbours of that house that some one come from challan but as there was noone to receive so they returned.

3. I did not receive any communication officially as my home address changed.

4. when i was challaned, I did not do any payment of fees then and there and my RC was also taken from me and given me receipt of challan where court date was mentioend on which I needed to deposit the fine directly at court premise but could not do so as stated in my above reply.

5. sir I visited the court also many times out of which I contacted to one lawyer and he was asking around rs 3000 and did not given my any gurantee whether he would be able to get the RC from court back but as the ball has no garantee whether it would secure goal so I taken a back.  

6. I also had a word with some person which I found after someone in document store room told me to contact with him to get your paper out of vintage series of papers so I contacted to him and he was asking rs 3500 to get the document out of court without official authorisation. His job and way of style was looking as he was working in court but I am not sure about him neither he did not show me any his designated seat which he has shown to me so i least trusted on his words but he was looking confident enough. will it be good to this out in this way?

I mean if RC not coming by official route would there be consequence of data thefting to me if i would get challan again in gurgaon?



Saurabh..V (Law Consultant)     11 August 2017

Dear @Anurag You are required to take back your document from the court because driving without RC, is also a punishable Offence. You have been lucky to have avoided getting caught without RC. My advice : First file for condonation of delay. With this you will be absolved of any penalty due to delay in depositing requisite challan in court. It is totally dependent on the lawyer you hire. He may also file an application based on the challan copy so that your case can be listed for hearing in the competent court. Finally, you may have to cough up more from your pocket because of this delay which will include court fee, lawyers fee and ultimately some penalty slapped by court for the delay. All the best!
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