Upgrad LLM

procedure to pay fine for drunken driving in chennai

barrister

Respected learned members of the bar..

Recently my friend was caught in drunken driving case and challan was generated and his RC Book was seized

The Challan does not disclose any amount and it just says pending 

He was told that he has to approach the mobile court and pay the amount. 

In this case no proper guidance is given as to the payment of the penalty. 

My question is

a) Will he get any summons or notice from the court as to the date and time of appearance before the mobile court or any magistrate court ?. 

b) The person attached to the concerned police station demands his original driving license to produce in the mobile court. Does he have the right to demand his original driving license, even assuming it will be returned after sometime ?

Thanks in advance. 

 

 
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barrister

Respected learned members of the bar..

Recently my friend was caught in drunken driving case and challan was generated and his RC Book was seized

The Challan does not disclose any amount and it just says pending 

He was told that he has to approach the mobile court and pay the amount of Rs.10,000/-

In this case no proper guidance is given as to the payment of the penalty. 

My question is

a) Do they have a right to seize the RC book for a case u/s 185 of the M.V Act ?

b) Will he get any summons or notice from the court as to the date and time of appearance before the mobile court or any magistrate court ?. 

c) The person attached to the concerned police station demands his original driving license to produce in the mobile court. Does he have the right to demand his original driving license, even assuming it will be returned after sometime ?

Thanks in advance. 

 

 
Reply   
 


barrister

Respected learned members of the bar..

Recently my friend was caught in drunken driving case and challan was generated and his RC Book was seized

The Challan does not disclose any amount and it just says pending 

He was told that he has to approach the mobile court and pay the amount of Rs.10,000/-

In this case no proper guidance is given as to the payment of the penalty. 

My question is

a) Can the fine amount be reduced if the judge desires ?

b) Do they have a right to seize the RC book for a case u/s 185 of the M.V Act ?

c) Will he get any summons or notice from the court as to the date and time of appearance before the mobile court or any magistrate court ?. 

d) The person attached to the concerned police station demands his original driving license to produce in the mobile court. Does he have the right to demand his original driving license, even assuming it will be returned after sometime ?

Thanks in advance. 

 

 
Reply   
 
barrister

Actually the vehicle was driven by my friend's driver. Now his driver is adamant and refuses to appear before the mobile court. In this case what will remedy will he have ?. Instead of punishing the driver, the traffic police is harassing my friend by impounding his RC Book. 

Is it admissable for my friend to appear before the mobile court , pay the fine amount and get back his RC Book. What is the remedy available in case if the driver fails to show up before the mobile court ?

Wonder why there is no reply from anyone..

Seriously the new M.V amendment act is causing a lot of trouble and harassment to the vehicle owners instead of punishing the actual wrong doer who is the driver in this case. 

Learned members, please give your valuable suggestions. My friend is in trouble now. 

 
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