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uday (practice)     16 February 2011

harrasments at police stations

on 17/05/2010, an alcoholic while crossing the road stumbled and fell on our car, we took him to the hospital, was given treatment and discharged on the third day especially because he was a  chronic alcoholic, a dairy note was made at the police station, we were asked to go, no statements taken, Now they have called us stating that they want to arrest the driver and detain the car, though a bailable offence we were treatened and harrassed for bail, ow they what te car it seems, werein they want to call an RTO an obtain some certificate, we are given t understand that they would detain the car and we have to approac the jurisdictional court to get the posession of the car ? what is legal provisions w.r.t the aforesaid, we feel that the person who fell on our car has not approached the police. the poice fellow showed us an FIR was in marathi could not make any thing out of it. pl help



Learning

 4 Replies

seshagiri rao (advocate,9985051273)     16 February 2011

mr. you are getting bail from the local court, because your offience is a Bailable offence under section 304(A) of Indian penal code so you have got a bail. Now at present the Criminal Proceedur Code was Amended, hence the polices are strictly follow said amendent, if arrest is necessary the polices are to get permission the court, dont bother about first you are approach a dering and dashing young lawer.

seshagiri rao (advocate,9985051273)     16 February 2011

 

Mr. you are getting bail from the local court, because your offence is a Bail able offence under section 304(A) of Indian penal code so you have got a bail. Now at present the Criminal Procedure Code was Amended, hence the polices are strictly follow said amendment, if arrest is necessary the polices are to get permission the court, don’t bother about first you are approach a daring and dashing young lawyer.

Sarvesh Kumar Sharma Advocate (Advocacy)     25 February 2011

if fir logged against u apply for bail.

imtiaz Bantwal (Advocate)     15 March 2011

If your vehicle has been seazed by the police they will file a property file( P.F) to the jurisdictional magistrate on that u need to approach before the court under section 457 of CrPC for the release of said vehicle. 


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