you should sen the car and father from UP to Bangalore
2) wait for police investigations to be completed and charge sheet filed
3) then based on legal advice file for quashing in HC
False car number plate mentioned in accident
Dear Colleagues, I am looking for a suggestion on how to proceed on the car accident case registered against my car. as a background, we were living in bangalore until 2008 and afterwards left india, recently bangalore police contacted us and notified that our car was involved in car accident. I could not believe on my ears when i heard that, as when i left india in 2008 i have transported the car to my in laws in UP and since then the car was never went out from UP. i have wrote a letter to SP explaining the whole situation and also provided a copy of car papers, insurances issued in UP, car pictures, address where the car is currently parked and our passport copies where the indian immigration authorities stamp says when we were in india and when we left country this is clearly not matching with the date with the date mentioned in FIR against me. SP has forwarded the letter and supporting documents to investigating office without hearing, and investigating officers is not interested in any talk he just want the car and the driver to produced in police station. Now the problem is my parents are 70 year old, (the car is parked throughout the time from 2008 since today in our house in UP,) can not travel with car to police station in bangalore. What action should i take further? i have been discussing with lawyers and some say to file for quashing the FIR, some say send the car and drive to police for varification, and some say dont do anything until the chargesheet filed. confused... as the investigating officers now threatens to take action? i feel pitty myself when i left india why did i not transferred the Car registration number to UP RTO. but anyway, please tell me what action should i take now? Quash the application in High court? Send the car and my father from UP to Bangalore, OR just wait? anything else??? also i want to know what action police can/will take now in order for me understand the consequences. Thank you SB
Asked 7 years ago in Civil Law
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10 Answers
Dear Concerned,
This is a perfect case of Extortion by Police . You need not to send the vehicle to Bangalore , neither you have to send any body representing you.
On the basis of the documents sent to SSP and also other supporting documents - best is to file Quashing of FIR in the High Court. However before filing of Quashing - try and get hold of the FIR and check the exact content of the FIR before pursuing for Quashing.
Don't fall for anything, any threats by the police - File Quashing of FIR.
Best of Luck
1. What sections have been put against you? Is the punishment for Rs.1 k fine only?
2. Take a certificate from an Automobile expert of UP where the said car has been parked stating that the car is not in a plyable condition since long and has been parked idle at UP.
3. Engage a lawyer at Bangalore to pursue with the police to get the charge sheet filed at the earliest. It will be ideal if he can manage to get the final report filed by the IO of police which exonerate the driver of your said car.
4.Let your lawyer contest the case fittingly stating the fact with the automobile engineer's certificate.
5. After some time, when you arrive in India, let him place you before the court to plea guilty (if the punishment is for paying Rs.1 K fine only) and pay the fine to get rid of the case.
6. If you do not want to plead guilty, file a quash petition before the High Court submitting the evidence that the car never moved out of UP after you left India.
7. Under such circumstances, people book a driver to admit and plead guilty after taking bail ( after taking good amount of money from the car owner) and get away by paying fine for Rs.1 K to the Court.
Dear Colleagues, Thanks a lot for the suggestion. Exactly this is perfect case for extortion, i realized that when i called in past the investigating officer. in the Notice which was sent to us marked under section ''Traffic Police station complaint 143/2016 under 27, 304(a) IPC Re;V 187 I.M.V under rule case is registered'' i have been able to get the copy of FIR (not from police but with lawyer) but again its in regional language and tried to translate with one colleague and it says some person driving on moped was hit by this car, the person was injured and later died. so from the above answer i understand the next action as below, please review and correct.. Step 1: Take a certificate from an Automobile expert of UP where the said car has been parked stating that the car is not in a plyable condition since long and has been parked idle at UP Step 2: i am not guilty and want to challange the complaint. so starting point is to file quashing the FIR in HC Step3: fight case in court against the chargesheet in case otherwise. is this the order right? can you tell me under the mentioned section is it make sense to file a quash case in high court or rather fight a case in trial court as per charge sheet? do yo have any lawyer reference in bangalore who can support me? thanks Satyendra
Asked 7 years ago
Dear Concerned,
Here is how you should consider this
a. If the car is parked for long and not being used - some expert may be able to give this certificate - but you may choose not to bring an additional document which may be considered suspicious unnecessarily.
b. Yes Quashing is best option available in the present circumstances.
c. If the FIR is quashed then the case goes off - hence no need to defend .
Kindly go through the list of lawyers available on Kaanoon.com under Lawyers in Bangalore and you may choose in accordance.
Best of Luck.
1. Exactly the same incidence happened with my car standing in the name of my wife and a FIR has been lodged against the driver of the said car for hitting a scooter carrying two persons at a place where my said car did not go even ones in last 10 years.. While enquiring from the IO it is understood that those two scooterists bashed road divider and injured themselves and got treated in a famous hospital with their mediclaim facility. As required by the mediclaim Insurance company, FIR is required to be made and those people chose my car number (they just imagined the number) to lodge the police complaint and managed to get the FIR registered. Since the section put was for rash driving and cause serious injury I could manage to place a driver admitting as driving the said car at that place at that time and get bail. He will now plead guilty and get order to pay the penalty of Rs.1 K. I opted for this step since otherwise it will take 3/4 years to be completed and every hearing shall have to be attended by my wife.
2. I could take this step since the sections put are not that serious.
3. In your case sec 304(a) of IPC has been put for which the question of pleading guilty does not arise at all.
4. Follow the steps suggested by me in my earlier post excepting the suggestion to plead guilty which is not suggested since the section put against you is very serious and punishable with jail term.
5. Contest the case fittingly and file quash petition as suggested in my earlier post.
1) car can be repaired and brought to Bangalore
2) you have to file for quashing under section 482 of cr pc
3) quashing is to be done only in exceptional circumstances
4) wait for filing of charge sheet
5) HC is reluctant to quash FIR pending investigations
in my opinion, you may better opt for quashing the FIR on the basis of facts surrounded in this issue.
You can either remain silent and await the further action by the concerned police in this regard, send a reply notice to the concerned police inspector denying the allegations and you may explain the facts including your inability to attend the inquiry session as you live abroad and the vehicle had been parked in UP since 2008 hence there is no possibility for an accident in Bangalore involving this vehicle.
There is no dearth for lawyers in Bangalore to fight your case.
You can file quash petition before high court by obtaining the fitness certificate of the car that has been parked in UP ever since you left Bangalore for an employment abroad.
You can produce the attested/certified copies of your passport also stating your absence in the country.
Since the police is fabricating the case against you, it would be better that you produce the authenticated evidence before court to defend your interests.
only can registration number is not sufficient. investigation officer is commuting big mistake in conduction investigation. he is bound to collect all the data of the vehicle like its manufacturing engine number, chassis number, year of manufacturing, model no, type of car etc. because vehicle can be identified by the whole data. a person can change registration number but cannot change engine number, chassis number
in this condition you should give an information to the SP and also file a complaint before the district court that you are being falsely implicated in a case and Bangalore police is trying to frame a charge against you. so please provide me protection when IO comes here for arrest. then local police will investigate the matter and contact Bangalore police for further details.