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Vijay (Software Engineer)     29 December 2013

Charged u/s 337 ipc

A month back my friend was driving a car and near a junction which is a very busy road with lot of pedestrians and vehicles so there is no scope of going fast (rash). An old man suddenly came in front of car as auto was speeding and to save himself he got in front of car and his leg got fractured (this was just while travelling at 7Kmph speed). However he stopped the car aside and requested to come to hospital but the old man denied stating their family should come. My friend waited for more than 30 min but no one tuned up, thinking things might go worse he left the place. After 25 days of the Incident suddenly one guy came to his house introducing himself as Police Sub-Inspector and a complaint is logged on his car but FIR is not registered as the old man who got hurt was his father-in-law and it costed them 2 lak rupees towards the hospital charges. He started demanding for minimum 1lak rupees for not logging the FIR in police station. After a week of discussion and negotiation my friend was ready to pay 50K but the Sub-Inspector was not ready to come down of 1lak, as my friend was not ready to pay more than 50k, the FIR was lodged in local PS under 337IPC and he got the bail the same day. The next hearing is on 7th Jan. Please suggest if he has to plead guilty (he has all documents like licence, RC, Comprehensive Insurance) and agree for paying through insurance and close the case or fight back, he doesn't want the case to be prolonged as he might be filing a H1 Visa. If the case is pending will it effect his Visa process. Kindly suggest on the way forward. Can a case be registered after 25 days of Incident? the location PS say Yes, will the court accept the case? If my friend is convicted will he be sentenced for imprisonment or just a Fine? Please advice....



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 6 Replies

T. Kalaiselvan, Advocate (Advocate)     29 December 2013

IPC Sec 337 - causing hurt by endangering life or personal safety of others;  Punishment will be for term upto six months or fine upto Rs. 500/- either o it or both.  Generally, in the first hearing itself if the accused admits through admission petition, he will be let out with fine amount by the magistrate.  Just engage an advocate, file admission petition and get out of the case.  If the injured wants to claim insurance let him do so by implication the insurance company in a MACT case, donot budge to the pressures of external forces.

Vijay (Software Engineer)     29 December 2013

Thanks for the response. Can you please give more information about admission petition. Is it that pleading guilty? Are there any chances of imprisonment in this case if pleading guilty and agreeing to goahead with Insurance. Please advice. 

Noman Siddiqui (Lawyer/09099300566)     30 December 2013

Hello,

It is just an accident case and you just need to engage a good lawyer to get out of this case. In this case Judge may ask to pay penalty as well as during this time you can approach other side for compromise and settlement...

Thanks..

Vijay (Software Engineer)     31 December 2013

Thanks for the information.. :-)

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     31 December 2013

agree with experts

Vijay (Software Engineer)     18 June 2014

In continuation to the initial descripttion I have given I have admitted to the case and I have paid the penalty. Now I received the notice from Dist court asking me to appear before court and second respondent as Insurance company (this is for the claim). Below are the details on notice

Form No.11 (Rule 15), O.P.No.353 

Claim petition for compensation under Sec, 166 Of The M.V.Act, 1988 and Rules 475/1B of A.P.M.V. Rule 1989 R/W Sec 149 (C) Of A.P.M.V.Act, 1988 

Presently i am not in the city and may not be able to come. Can I ignore and just don't appear before the court as second respondent is Insurance company and is it good to intimate Insurance company of the claim. Please advise. 


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