279, 337 IPC
Querist :
Anonymous
(Querist) 16 April 2011
This query is : Resolved
Am a law graduate myself but work with the corporate. In 2006, while in employment with a company I was instructed to get the company's vehicle (with company's ownership )released on superdaari from Moti Nagar PS which I did since it was confiscated by the police officials. Before this the vehicle had met with an accident injuring a person the details of which I was not aware of. The person was discharged after a week from the hospital. I left the company in 2006 itself. I got calls from the PS to appear in the court which i did not attend. The court issued arrest warrants in 2011 which I got cancelled by presenting myself and stating that i do not remember any details of the matter.
Meanwhile, the company sold the vehicle which i came to know thru the driver who was in the court and in whose name the case is titled vs. state.
The magistrate has asked me to produce the vehicle on the next date which is in May, 2011 and has taken on record that I am epileptic patient with lapse of memory occuring occasionally, for which I have produced evidence on record.
I do not know the whereabouts of the present owner of the vehicle.
How should I proceed in the matter. I have the letter of employment of the company who was the owner of the vehicle at the time of accident. Will it be my liability to produce the vehicle when I am not the owner and which I got released on supardaari as a part of my duty under the employment of the Company. The MD of the Company had given me authorisation on co.'s letter head to get the vehicle released in my name as superdaar which is on court record. Please advise as i am already 58 plus of age and do not want any problem in legal proceedings. There is no fatal injury and i was not even with the vehicle when it met with the accident.
Raj Kumar Makkad
(Expert) 16 April 2011
Mr. Why are you worrying? You have to move an application before trial magistrate stating the facts you mentioned in your query. You shall have to state therein that you are not owner of the vehicle concerned and have left your job. In these circumstances, court shall direct the director of company to produce that vehicle before court. You may move this application even these days i.e. well in before to next date of hearing so that appropriate decision may be takne by court.
Querist :
Anonymous
(Querist) 16 April 2011
Makkad Sir, you have really put off a big burden from my mind by giving such beautiful and valuable advice. I work with the corporate real estate people and look after their legal matters at consumer forum, arbitration and other courts etc. Am not very familiar with criminal law, though the two relevant sections of IPC mentioned of the case do not directly link me as both relate to the driver or the person who caused the accident etc. Anything you think I can do for you here in Delhi please do not hesitate to let me know, without any formality. My email id is nkpathak2@gmail.com and mobile no.is 9910195792. Have a small own flat in Delhi. Very nice hearing from you. Thanks and Regards.
prashant pundhir
(Expert) 16 April 2011
Dear,
You need not to worry .It is the law that any accidental vehicle will be released on the name of the owner of the vehicle after the technical specification of the said vehicle . As you released the vehicle being a representative of the company and gave your declaration that neither you sold it or damage it and produce before court whenever i will be asked to do the so, on the written authorisation of company,so the company is sole responsible for the act and to produce the vehicle before the court .You just need to give an application supported with an affidavit of the same .
