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sandeep   14 May 2015

Ipc 304a

My friend met  accident on Highway. He was driving on highway and  one old lady(69 age)  suddenly started to cross the road in hurry without seeing the vehicles coming on the road and hit on left side of the vehicle. And after met with accident she has been taken to hospital by friend himself and admitted in Govt. Hospital. Vehicles front glass was broken from left side alone. Fault was with lady as she has crossed the road at undesignated place and that too  without  following "look-wait-go"   traffic rule. Friend has immediately surrendered the vehicle to Police  station, then got  released on bail. Old lady died after  few hours of admiting in hospital. No body approached for compensation directly but applied for MCOP case and friend is having proper driving license, registration and insurance. Also  case aginst friend has been lodged by police under 304a.

If nobody applying then also police need to file case ? need to know.

AFter filing the case how  it should be handled. in case they have shown 2 people as witness  , but I am sure actual witness will not be there. what should be strategy to handle the case.



Learning

 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     23 May 2015

Sir, State can file the case, but what was the reason of her death shown in the post mortem report. Defend your case on merits. Warm Regards Kapil Chandna Adv 9899011450

sandeep   15 June 2015

Dear  Sir,

Postmartum mentioned the reason  due to injuries. MCOp case for compensation is in progress. And CC case also in progress. As such actually there is no violation of any rule , but as no clarity on petinor's view how should proceed. What are the steps important to vaoid any unncessary penalties.

sandeep   15 June 2015

Also  in this case whether he  can sale the vehicle?.


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