Sec 279 337 338
Pawar Pankaj
(Querist) 24 February 2015
This query is : Resolved
My brother was unneccessary dragged in an bike accident case in feb, 2014. despite no fault of his. He was not even driving speedingly. Still he bought the old man to hospital for his minor ear injury.
But Police filed FIR forcibly n bailed him after charging ₹3500
Now there is an Insurance case in MCAT going on, where the GREEDY old man has filed that he is deadly injured, thus imposing section 338 on my Brother.
Yday, my brother went for his first hearing against State and other party who wasnt there, where charge sheet was given to us. Judge didnt even see anything and again he had to pay bail of ₹5000/-. Our lawyer didnt utter a word and she kept saying, give money to this one and that one. I was wondering for what?
Again there is a hearing now in May, 2015. they made my Brother sign a bond saying, he will be present there whenever asked. He works on ship and is away for months to hard earn his bread.
I was wondering, nothing at all happened. My brother is a good human being, who helped but this wasnt considered at all. I m wondering, how long will this go on? As an honest common man, we dont have time and energy and money to waste 8 hours outside court every 3 months.
WHAT WILL BE OUTCOME OF THIS CASE? DOES MY 25 years old BROTHER HAS TO SUFFER LIFELONG FOR NO FAULT OF HIS? DOES HE HAS TO SACRIFICE HIS YOUTH IN COURT?
WHAT IF MY BROTHER IS AWAY FOR WORK AND CANT BE THERE FOR NEXT HEARING?
IS THERE A WAY TO END THIS?
Is Sec 279 a compoundable offence? If not removed, will he be declared Criminal life long?
We all are deeply stressed, please guide us.
Advocate Kappil Cchandna
(Expert) 24 February 2015
Dear,
Don't be dressed at all ... Please call and show me the documents .... I will let you know the beat possible way out .....
Kapil Chandna Adv 9899011450
ajay sethi
(Expert) 25 February 2015
section 279 is non compoundable offence . if your brother cannot attend hearing an application can be made for exemption from personal appearance for the day
ajay sethi
(Expert) 25 February 2015
in the event any compromise is arrived at with complainant your brother can move HC for quashing the complaint
P. Venu
(Expert) 25 February 2015
The vehicle which your brother was driving was involved in an accident and a person was injured. Necessarily your brother has to face proceedings in MACT as well in the Magistrate's Court. There is nothing to be alarmed.
The compensation would be met by the insurance company. The matter in the Magistrate's court could be dealt on merits.
Rajendra K Goyal
(Expert) 25 February 2015
Such cases takes time in decision. Try to have an amicable settlement and if possible proceed for quashing of the FIR.
Dr J C Vashista
(Expert) 26 February 2015
Mr./Ms. dddddddddddddddddddddddddd,
1. Anonymous author has the same name?????????
2, It is just a motor accident claim case and your brother may manage to bunk the proceedings through his lawyer.
3. Criminal case u/s 279 and 338 IPC, both non-compoundable, will have to be properly attended in the court, where he will have to face the trail and punish on being convicted.
Contact and engage a local lawyer.
