Sec 338 ipc
Querist :
Anonymous
(Querist) 27 September 2011
This query is : Resolved
I initially was charged with Sec 297 IPC by the police and now i am on Trial under Sec 338 IPC .I want to know that how much time these cases normally take to get finished.What would be the consequences.As i was not driving rash at all,i am ,because of no reason,facing this difficulty.And i am really upset and distressed.Next month i have to appear before tribunal.I want to move abroad after completing my studies which would be after 6 to 8 months.So can i move abroad without difficulty ?Is there any difficulty in getting passport and visa ? And, plzz reply that how to get this finished as soon as possible.thanking you ...Waiting for reply from all
ajay sethi
(Expert) 27 September 2011
1)if you are under trail for offence under section 338 of IPC it means that you have caused grevious hurt to other persons .
2)the fact that you have been driving rashly and negligently will have to be proved by prosecution .
3)what was the speed restriction in area when you were driving? waht speed were you drving at? was other person seriously injured ?
4)it is imprisonment for maximum term of 2years or fine or both . since it is compoundable offence try to settle with person who was hurt . your best option is to settle and move on in life
Querist :
Anonymous
(Querist) 27 September 2011
Other person was sitting on the bike.His son was driving the bike.Other person(on the back) got his leg fractured.He came and hit my car and fell down.There was no mistake on my part
Shonee Kapoor
(Expert) 27 September 2011
Hmmm, it is a matter of trial.
Also, on what part of the car it was hit would provide possible clues.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 27 September 2011
Act as advised by Mr.Ajay Sethi.One thing more,in addition a Motor accident claim petition can also be filed by the injured,hence if you succeed in compromising
with settle from that angel also so that no occasion of surprise comes afterwards.
Querist :
Anonymous
(Querist) 27 September 2011
So can i move abroad ? I don't have passport yet.Would there be any difficulty in getting passport and visa with the case pending.
R.Ramachandran
(Expert) 27 September 2011
Have you decided to compromise/settle the matter with the complainant? Without that, yes, when the case is pending, there will be difficulties in getting a passport.
Querist :
Anonymous
(Querist) 28 September 2011
How long it would take then to get this case finished ?
