Fir and case under section ipcs 279 and 337
YP
(Querist) 18 March 2016
This query is : Resolved
My wife had an accident with a kid one year back. Though it was not at all her fault as all of a sudden that kid jumped on to the road and came under the front bumper and she suddenly applied the brakes. The kid got little injured and got injury in his foot. She immediately took him to nearest hospital but that hospital referred the kid to other hospital after first aid and then his parents took him to other hospital without telling us.
As we did not know the kid and his family so we could not catch up with him. Later we got a notification from police that FIR has been filed against my wife under section IPCs 279 and 337. Police impounded our car for 1 day and released on superdharinama and took the RC and driving license of our car. We have searched for kid’s details in FIR and found him and found him OK and again confirmed later, he became fine after few weeks. From last 1 year, IO saying he is not getting health status report from the hospital. As per IO, treating hospital says report will be given by first aid hospital but the hospital where first aid was given says it will be given by treating hospital. So IO is saying he cannot proceed with the case until report has been issued by hospital. It has been more than a year now, shall I believe on IO statement? What should I do to recollect my RC and DL? What best can be done now to get rid of this case?
Thanks in advance.
rajagopal.s
(Expert) 18 March 2016
HI
The IO Officer is playing with you..
first he cannot seize your RC and DL.
Second, it is the duty of the referred hospital to give a statement on the health of the kid when he was moved to another hospital .
Since the FIR has been filed, hire a lawyer and ask the court to issue notices to the referral hospital and hospital that gave first aid. also ask the court to issue orders to IO to give your RC and DL back
Rajendra K Goyal
(Expert) 18 March 2016
Prey to the court to order to release the RC and DL.
Consult local lawyer and show him all available documents, discuss and move as per his advice.
Devajyoti Barman
(Expert) 19 March 2016
Apply in the court to get back the papers. The court would surely haul the police for his tardy investigation and return your seized articles.
P. Venu
(Expert) 19 March 2016
Yes, the move the application for getting back the papers; from the facts stated, the release of the papers has nothing to do with the health condition.
Dr J C Vashista
(Expert) 20 March 2016
Well advised by expert Sh. Devajyoti Barman & Mr. P Venu, I agree. Your counsel should apply to the court for release of DL & RC with directions to IO for retaining copies thereof.
Get the case compounded with the parents of injured kid and apply to the Court accordingly.
