How to close criminal case once mact is closed
Nidhi
(Querist) 31 January 2014
This query is : Resolved
Hi, in 2007 my husband and I were coming from my parents place. At dwarka road before flyover a cyclist suddenly come in front of the our car. He is not permanent disabled (legs not working). As the third party insurence was there he got 17L from the insurence as he accepted that it was his mistake and we were driving correctly.
This case is closed now. Along with that our lawyer said there will be a criminal case with the state and which is still running. Can you please as expert guide us how to proceed now. we are only getting the dates as no witness is appearing. Is the case which is already closed can help us somehow.
Devajyoti Barman
(Expert) 31 January 2014
Go to high court and get an order for expeditious hearing.
Bhumik Dave
(Expert) 31 January 2014
both proceedings are different one is for compansation as per M.V. Act and 2nd is under IPC Section 279 for rush driving, Hence dispossal or finalization of 1st does not effect on another.
Rajendra K Goyal
(Expert) 31 January 2014
The disposal of one case does not effect the other.
Ask your lawyer to request the court for early dates.
R.K Nanda
(Expert) 31 January 2014
AGREE WITH EXPERTS.
C.V.Kansara
(Expert) 31 January 2014
Agree with Mr. Nanda.
Thyagarajan
(Expert) 31 January 2014
You have said the cyclist accepted it was his mistake to get into accident.Was it a written statement?
If the case booked in criminal case is on rash driving the statement will be of some defense to you.
T. Kalaiselvan, Advocate
(Expert) 31 January 2014
If the criminal case is not taken up for trial, your advocate must insist upon the court to direct the police to produce the witness or else to dispense the witness and proceed further as per procedures of criminal rules of practice. Though the MACT has no bearing on the criminal case, your advocate may take up the matter quoting that for an expeditious trial of the criminal case.
M V Gupta
(Expert) 01 February 2014
If the prosecution is not able to produce any witnesses even after prolonged adjts, u should apply for discharge.
venkatesh Rao
(Expert) 02 February 2014
Both are different and parallel proceedings. You may produce the copy of MVC proceedings wherein the cyclist has admitted his fault, in crimi9nal case during trail. Consult your advocate. Yours being a summons case, may end in discharge under 258 cr.p.c.if no witness turns up in spite of several opportunities.
