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Kr   08 May 2016

Ipc 304a,279

Couple of years back when i was drivimg home a old man whu tried crossing road jumped in fromt of a car beside me and he was hit and fell on my car since i cudnt trace the details of the other car case and fir was registered on my name But luckily people around saw what happened and turned hostile in court i mean the cw turned hostile against prosecution and thy cudnt prove i was behind rhe wheel that day and none saw me hitting the guy i was aquitted But on the day that incident occurred the mvi had seized my license and gave me a temporary license paper with no date limit mentioned He said i would get notice and suspension of license for one yr but till now nothing of that sort has come Now since im aquitted i want to get my license back Will they jus give it back to me or now thy will remmember it now and suspend it for a yr now ? Im so worried what shud i do? Thanks in advance


 1 Replies

Sanjeev (Advocate)     14 May 2016


Follow proper steps before suspending licence: HC

New Delhi: In their zeal to book violators, the police and the transport
department can't bypass the due process of law, the Delhi high court said on
A valid showcause notice, opportunity of fair hearing and a reasoned order
suspending the driving are norms that must be followed in every case,
Justice J R Midha directed in a judgment.
"This court hopes Delhi Police and transport department of Delhi government shall
follow the due process of law in implementing directions of the Supreme Court
committee on road safety," Justice Midha said while hearing the plea of a man
whose licence was suspended by the department without giving any particulars or
being given a chance to explain his stand.
The police and the department cited the November 17, 2015 directions passed by a
Supreme Court appointed committee on road safety to justify their drive against
those who break traffic rules. In its order, the committee had directed that in case of
traffic violations, the police should take into possession the driving licence of the
violator and forward it to the transport department who would it for a
minimum of three months.
Appearing for the petitioner Ashish Gosain, advocates Abhijat and Punit Mittal
argued that the police first took a fine to compound the offence. Later, the transport
department issued a vague showcause notice seeking an explanation why Gosain's
license shouldn't be suspended, without giving particulars of the offence, date of
challan or any other detail. When he sought details, the department promptly
suspended his licence, the lawyers pointed out.
While agreeing with the police and transport authorities that India has a dubious
distinction of having the highest number of road accidents, the court backed the call
for stringent measures by the SC panel. "This court agrees with the SC committee
that unless strong and urgent measures are taken to deal with speeding, drunk
driving, red light jumping, use of mobile phones while driving and overloading,
number of accidents and fatalities will remain high."
However, Justice Midha was quick to add that due process must be followed even in
such cases. It sent the case back to the transport department to grant Gosain a
hearing and a chance to defend suspension of his licence.

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