IPC 279 Discharge
Guest
(Querist) 28 May 2011
This query is : Resolved
Respested Experts,
I have a query regarding IPC 279
Some one has hit me from side, say i was in my car and taking turn to my right at crossing some one hit me from left side, his car's head lights and bonus got damaged and my cars both left doors damaged. I was in a hurry and waited some moment when no body came out from their car I gave them way to move my moving my car and left the spot.
They took advantage and called the Police and registered a FIR.
Now case s in MM's court, I got bail and attended one more date do not the stage of he case MM has made me sign some paper on previous date.
As the said FIR is true but I am not the person who commited the crime it is just oposite.
Circumstancially it is quite clear that he is trying to sek relief of hs own wrongs.
Sir,
Is it possible and have any chance to file for discharge or I have to fight the case on merits.
Thanks and Regards,
Guest
(Querist) 28 May 2011
Respested Experts,
I have a query regarding IPC 279
Some one has hit me from side, say i was in my car and taking turn to my right at crossing some one hit me from left side, his car's head lights and bonus got damaged and my cars both left doors damaged. I was in a hurry and waited some moment when no body came out from their car I gave them way by moving my car and left the spot.
They took advantage and called the Police and registered a FIR.
Now case is in MM's court, I got bail and attended one more date do not know the stage of he case MM has made me sign some paper on previous date.
As the said FIR is true but I am not the person who commited the crime it is just oposite.
Circumstancially it is quite clear that he is trying to sek relief of hs own wrongs.
Sir,
Is it possible and have any chance to file for discharge or I have to fight the case on merits.
Thanks and Regards,
PALNITKAR V.V.
(Expert) 28 May 2011
In fact you should have also filed FIR. Now it is difficult. Because the case u/s 279 is triable as summons case. Only your plea will be recorded. So you do not have chance to apply for discharge. The Sessions court is not likely to entertain revision. Best way is to get acquittal on merits.
manoj kumar
(Expert) 30 May 2011
Although I agree with Sh.Planitkar but for dischrge you should move an Application under Section 258 of CrPC before magistrate and also adduce/produce evidence of your defence (technical and Scientific evidece which supports your version) if Magistrate is SATISFIED he can stop proceeding against you and effect of such stoppage will be dischage from the case.
Guest
(Expert) 01 June 2011
You have not mentioned whether you were on the main road or side road at the time of accident, you got your car inspected and photographed by some one, or claimed insurance cover or not, or got the dents removed from your car or not, etc. Can you clarify these points please.
Although you may be innocent, but your leaving the accident place can be treated as a case of hit and run against you.
