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Raghav Mahajan   05 July 2021

Legal options for drink and drive victim

My parents, brother and bhabhi were in a car which my father was driving. A car with 2 adult males in front seats and ladies and kids at back seats passed from right side of our car which broke our car's side mirror and also some scratches on car door. They didn't stop even when my family shouted on their car to stop and ladies along with kids looked at my family from rear mirror and were laughing. My father who was driving started chasing them. Realizing the were being chased they increased their speed but after a while they had to stop their car due to traffic. Father got down from his car and quickly took out other car's key from ignition. The man in driving seat came out with alcoholic breath and was not even walking properly due to alcohol. He pushed my father and my father lost his balance but didn't fall due to road divider's support. Now my brother got down and pushed him and he fell down (he was very drunk he could not even walk properly). Now second male adult came out of the car and towards my father (he was drunk too, his breath made it clear). By this time my mother came between my father and the second man so that drunk didn't touch my father. Now the drunk driver tried to take his car keys from my father. In this he pushed my father and my father shirt tore and he got nail scratches (I have photograph of tore shirt and nail scratches). My father didn't give him keys and told him I am gonna call police. The drunk driver started shouting that you can call anyone you want I dont care. People started gathering around. Drunk driver made some calls and after sometime people from his village came at the scene including sarpanch of his village. One man came and told that he is ASI (Assistant sub inspector of police). My brother demanded hs ID which he obviously forgot at some place. As too many people from drunk driver village gathered around my brother and father my bhabhi called "100" which nobody attended (this is biggest shock for me). My bhabhi googled some numbers and called some police helpline which was answered - get at the side of road and dont fight we will send someone. By this time the drunk driver and his village associates called there local police station and police arrived on scene. They discussed some things with sarpanch of drink driver's village. Police told both parties to come to police station. Now as drunk drivers car keys are with my father, police told my father to return keys so that they can also get in their car and arrive at police station. My father returned keys. My family arrived at police station but the other party (drunk driver) didn' arrive at all. He just fled the whole scene. Now my family is at the police station along with police officers who arrived at the scene. Police station head (I dont know designation) asked his subordinate (the one at accident scene) that why the other party didnt arrive at police station. He replied they must have left. So now my brother demand to record FIR which was refused. Instead of FIR they wrote on a plane piece of paper the whole story in summary and asked my family to sign it. My bother noticed that they had not mentioned anywhere in summary that other driver was drunk. He told the person writing that to add on which he refused. My brother went to station head and told him to add that they were drunk. So drunk driver fact was added after which my family signed. My brother demanded a photograph of that piece of paper but station head refused. My brother also told station head to contact the drunk driver through his village sarpanch and get him medically examined to gather actual evidence that he was drunk. Station head replied that they dont have the team to carry medical of drunk driver. The whole time the drunk driver and his associates didnt arrive at police station.

Now dear members of lawyers club India What should I do now? Police didnt file FIR...we dont have copy of piece of paper police wrote...drunk driver was not medically examined.

Please advise me how to proceed further

P.S. 1.We have their car number and he have checked in whose name the car is registered. 2. State Punjab



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 4 Replies

G.L.N. Prasad (Retired employee.)     05 July 2021

Please file a police complaint before the jurisdictional  Station House Officer of that police station, it is their duty to investigate such criminal acts.

Dr J C Vashista (Advocate)     06 July 2021

Too long a story, be brief and specific for consideration and obligation of experts.

P. Venu (Advocate)     06 July 2021

Yes, please post facts specific to the issue.

T. Kalaiselvan, Advocate (Advocate)     08 July 2021

If the police refuse to register FIR or take any action agaisnt those culprits, you may escalate the matter on the basis of the documentary evidences in your support, to the top police officer of the town and then approach judicial magistrate court also seeking direction against the lethargic and corrupt police to take proper action.

But you may have to spend time, money and energy in this pursuit, hence think about it and take a wise decision..


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