There is inordinate delay in lodging FIR against inspector. There is also good excuse in the light of treatment of your brother. You should attend the case filed by inspector. You have good case. Also pursue your case against inspector. Police seem too be under pressure of inspector. You can file complaint under section 156 (3) cr.p.c. read with section 200 cr.p.c. and can seek direction to police. You can also file complaint case. Matter should also be reported to higher officials of police. Your brother can seek permanent exemption from court and can appear through advocate etc.
Case of 279,427
Hello all, Please help me with some advice as i am getting multiple and different advices from local lawyers. The case is of 2019 Lucknow. My brother was going to his coaching class on motorcycle when he met and accident with an Innova. My brother was gravely injured and his one tooth also broke. He was admitted in hospital(ICU) for 10 days. Now after recovering we went to search for his motorcycle and discovered that a case been registered in police under section 279,427 with name as Unknown by an inspector. The Innova vehicle (involved in accident)was of an inspector posted in same district. Now we tried get settlement and release our motorcycle from Police station but that Inspector demanded 50K rupees from us, so we went to court got a bail order and a release order for motorcycle. After all this ordeal we filed a FIR on that inspector(owner and driver of vehicle) under section 279,337,427,323,325,308. After two years police submitted a Final Report in lok adalat (with inspectors name removed) on FIR which we lodged and filed a charge sheet in CJM court against us on the FIR which that Inspector had lodged.. Now court is regularly generating summons to us but police has not even informed us about any summon. We got to know from Peshakar of court who called and told that there is a summon on your name. Please advice how do we proceed and get out of this mess. My brother now reside in another city and it is difficult for him to attend courts regularly.
Asked 1 year ago in Criminal Law
Religion: Hindu
6 Answers
1) appear in court on next date
2) engage a lawyer to appear on your behalf
3) make an application for exemption under further orders
4) also file protest petition on magistrate court against closure report given on your FIR
If your complaint's FIR was closed by the police by filing a closure report then you can always file your objections to it and get it reopened, re investigated since the complaint was against the police inspector hence his involvement in the closure report is suspected.
In another case to which the summons are yet to received, you can ask your brother to appear before court on the next date of hearing with an advocate filing vakalatnama for him.
After that he can file a petition to dispense with his personal appearance by filing a petition under section 205 cr.p.c.
You can file for quashing in HC if you have merits else can settle with the opponent and finish the same. You can also file discharge after filing of chargesheet in trial court
Dear client,
I'm sorry to hear about your situation. It sounds like a complex legal matter that requires specific legal advice from a qualified lawyer who has experience dealing with criminal cases.
However, I can offer some general advice that may be helpful. First, it's important to comply with the court's summons and attend the court hearings. If your brother is unable to attend regularly due to living in another city, he can consider hiring a lawyer to represent him in court. The lawyer can also help with communicating with the police and court on your behalf.
Secondly, it's important to gather all the evidence related to the accident and the subsequent legal proceedings. This includes the medical reports of your brother's injuries, the release order for the motorcycle, the FIR filed against the inspector, and the final report submitted by the police in Lok Adalat. This evidence will help your case and may be used in court.
Lastly, you can consider filing a complaint against the police for not informing you about the summons. This can be done by submitting a written complaint to the concerned authorities.
However, I strongly advise you to seek the advice of a qualified lawyer who can guide you through the legal process and help you make the best decision for your case.
First of all you had to file the protest petition against closer report. Then court will took cognizance on your FIR and trial will begin.
You have to appear in court and have to execute bail bonds otherwise your bail will cancnel and court will issue warrants.
