(Guest)

IPC 338

hi sirs, im shiva doing my MBBS internship in osmania general hospital hospital. I recently while i was going on bike one of the pedestrain was crossing the road, he stopped in middle and looked back, i was sure that he will be stopping and i can go without any problem, but he suddenly came by running and dashed me, we both fell down and he had fracture of his left leg bone and i had a small abrasion on my knee, his friends bet me on road, but the sweepers there stopped them saying it wasnt my fault the other person was running on road..

i took that injured person to hospital with me and admitted him, later i took treatment in same hospital. but his relatives filed a case on me as RASH DRIVING UNDER IPC 338, i was very confused what to do? please help me what to do..Can i prove my innocence? if i found guilty what may be judgement? my bike dont have insurance, i have remaining all documents..

Actually i was on a speed of 30-40kmph or less, i dont have any injuries, even my bike have no damages(my bike is yamaha fzs which is made of fibre mostly) PLEASE HELP ME OUT..

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50 Replies

(Guest)

Dear Manthiri, you haven't given the information whether you are above 18 years or not.

(Guest)

YES, im 25years, and one more thing, they were demanding 60,000 to 100000rs for taking that case back, i requested them i cant pay that much money, i said i will take care of hospital works as im in that field..

N.Dhanasekar (no) 21 February 2011

338. Causing grievous hurt by act endangering life or personal safety of others

Whoever causes grievous hurt to any person to doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

(Guest)

hi sir, dont i have any option to prove my innocence? as im not much rash before i hitted him, i had very less injuries and even my bike is almost less damaged???

N.Dhanasekar (no) 21 February 2011

You must prove your Innocencent, u may create some evidence over phone.. take to them in phone and record it.... while he is asking about money and something speaking for your favour.... Take a print out of mobile bill.. and show in the court.... And tell to court they are threaning me over phone...

It's Only Suggestion... You are responsible for all...

By,

Dhans

N.Dhanasekar (no) 21 February 2011

Remember they must call u... u don't call them....

N.Dhanasekar (no) 21 February 2011

Then only u can prove yourself.... they arethreatening me...

(Guest)

thank you sir, but i dont have evidence like that, i have evidence like his friends bet me, i have mlc op form from hospital, they took my bike after incident and demanding for money, but they called my friends and threatening them...they handed over my bike before police after 3days of incident.. they warned my friends for 50000 rs otherwise they will kill us etc..will telephone operators provide me such information?

N.Dhanasekar (no) 21 February 2011

have u given compliant for your bilke theft by accident person's friend...

N.Dhanasekar (no) 21 February 2011

pls reply fast... i have some other woks to do...

(Guest)

no sir, actually i thought his friend will return my bike after admitting him in hospital, my friends went to take bike that evening, but asked for money and sent them away without my bike, i went to police station and informed them, that fellow gave my bike to police, but police dint file a case about this one, they said they cant take a case about this one, they said u must have given complaint on the same day then we would have given proper action... can i give a complaint now? or will the police come to court and say that they handed over bike on 3rd day?

N.Dhanasekar (no) 21 February 2011

do you know in FIR what they have written?

(Guest)

yes sir

(Guest)

his son gave FIR, saying on tuesday morning aroung 9.30AM while his father crossing road, one fellow bearing bike no. came in a rash manner and dashed him, he had fractured his left leg, now he his admitted as inpatient in hospital. please take my complaint and take proper action..