Minor accident .. but FIR logged against me
Rajesh
(Querist) 19 July 2009
This query is : Resolved
Hi, few days back I was going on national highway within a city limit and it was raining heavily. Suddenly a car in front of me stopped, I applied my break but as we were going 40-50 km/hr speed in the fast lane but I banged on the front car. Fortunately nobody injured and we came out of car we stayed there for sometime and then taken each other’s no. and decided to meet later as it was office time, we decide to meet and decide cource of action. But the guy called me next day and said it will cost him 15K-20K to repair his car and I need to pay it. I said I am not responsible for accident and if you still want you can claim from my third party insurance as he was not having his comprehensive policy.
So for that there was requirement of filing FIR, he called after 2 days and said he logged FIR against me. Now what should I do ? Should I go to police station ? should I ask him where he logged FIR and go to that police station? should I wait for the summons ? Please advice.
A Truthseeker
(Expert) 19 July 2009
you have not mentioned under which section the FIR has been lodged. as no injury is caused it is likely that it is u/s 336 of the IPC. as it is a summons case you should wait for process from court.the parameters of your case also suggest that you may try for quashing of FIR in the High Court.
Rajesh
(Querist) 19 July 2009
Thanks tapan. I do not have any idea about under which section this FIR is registered. The person only called me and told me that he logged FIR against me. Still Police didnt contacted me. So should I go to police station ans ask for the FIR details ?
Sarvesh Kumar Sharma Advocate
(Expert) 20 July 2009
which police station blong on that spot where the accident made out.
and in which court's jurisdiction the police station become? trase out.
and then file an application before the coury with your name an mantion your vehical no. on the appliction regarding WANTED IN ANY CASE if he registerd F.I.R. against you then police will disclose your name or vehical no. in wanted report ,
then surrendar your self before the court and take bail
(accident is a bailable issue)
i advice you that don't go to police station directly.if you think that there is any fir against you.
Kiran Kumar
(Expert) 20 July 2009
r u sure he has lodged FIR, he might be doing it to extract money out of u. contact ur local lawyer, he will explain u the procedure.
nothing to worry...even if he files, there are no. of ways to setaside his claim.
Deekshitulu.V.S.R
(Expert) 20 July 2009
Mr Kiran your answer is apt. The issue can be seen after receipt of summons. So mr Rajesh, wait until then, This is what we call:"Waiting until dark"
i.vasudevan
(Expert) 20 July 2009
My all learned friends explained well...
IF no one injury mean don't bother about it.. if you get summons from court mean only you go to court.. it may be petty offense only(because no injury).. if you accept this guilty mean just they impose fine may be with in 500/- that's all...
Rajesh
(Querist) 20 July 2009
Thanks you for all my expert Friends for the advice.Thanks Kiran, sarvesh,Deekshitulu, vasudevan.
Another small query : so how much time it will take for summons if he logged FIR ?
I think I need to wait until I get some call from Police or summons from court. Then only I can decide cource of action. The main point is I dont know he logged FIR or not, so how much time it will take if he logged FIR ? Suppose it is 3 days and if I didnt get any call/summons in 1 month I can safly say he didnt logged any complaint.
kiran kumbhar
(Expert) 20 July 2009
Hi Rajesh,
Don’t bother about the FIR and do not take any step initially let them come to you by procedure.
Keep the following things in mind:
1. Your car is insured for damages to others.
2. No personal injuries.
3. The FIR is delayed for 2 days. It is after thought.
4. No Spot Panchana is on record to prove that you were driving rash and negligent or by wrong side.
So don’t bother about any punishment or fine.
Rajesh
(Querist) 20 July 2009
Thanks Kiran Kumbhar, But how many days I should live under this fear ? there might be some limit to police to take action in x days or just close the case.
And how Police can investigate the case without contacting me ?
SHYAMSUNDAR
(Expert) 20 July 2009
The police will contact u from the records available with RTO.
If vehicle is registered in ur name then they will trace u.
Don't worry u won't be in trouble.
The offence is petty.
Forget about it untill police approach u.
Be cool n carry with ur work.
c an advocate in this regard later on.
