help required please, im dr. shiva

even though its his fault, i dint ran away from him, i took that person to hospital and admitted, does court doesnt listen all this?

As per ur query it is well revealed tht the amount whch the othr party demanding are more, nd not justified .... further let us know that the sweeper as mentioned in ur query has been accorded as an evidence in the FIR ? Has an FIR U/s 323 IPC been lodged aganst victim's  frnd who beaten you ...?

The Court may impose fine on you ....

offcourse th details u stated will constitute an important submission on part of you,  regarding considerablity of th same it depends upon hearing of the other side too.... !!!

whether th bike was updated wth insurance or not has no relevency herein ...

FIR was filed after 4days of incident, i think there is no panchnama till then, as its his locality they may provide evidence for their side, no sweepers involved in FIR..
 

Also include the above point in your submission, its better you consult  a lawyer in your locality who can represent you in appropriate court of  jurisdiction ...

sir, you have absolutely no problem, if you have valid reasons to acquit then you must acquit. if you are not rash and negligent driving you better to contact your lawyer and appear before the court

@Manthri

For proper advice, I would require following details:

1. The person who got hurt, what is his age?

2. The brawl that happened on the road and you were beaten, why you did not lodged a counter FIR?

3. Insurance which got elapsed for your bike, when did it expired? And after its expiry, when did the accident happened?

4. Have you been arrested or have applied for bail or have been released on bail?

Your case is covered under exception, as per a Supreme Court ruling, wherein the Apex court has stated that every driver who is involved in an accident is not guilty of rash driving because many a times, the person who is hit is at fault. And also that the driver need not be over cautious while driving otherwise, noone would be able to drive and everytime an accident happens, only driver would be held liable and which is contrary to the provisions of law.

Likewise in your case also, you have done nothing wrong but to add to your agony, the friends of the person beat you up. So my advice is you don't worry at all. Hire a good lawyer, and appraoch High Court of your state for quashing of this case. In that quashing petition, mention the medical treatment whcih you went through after getting beaten up.

All the best!

//peace

/Saurabh.V

thanks for your reply sir,

that  person age is 45 to 50 years,

and i was not well for two days after incident because that person bet me on my head, got fever and headache and earache,

my bike insurance expired on oct 25th 2010, i dint renewed it.

i dint go to court yet, local police said that they will call me when they go to court and you can take bail.

i helped that person as a part of my profession, but tht fellow logged a complaint saying im rash..

if he brings false evidence then what may be the result?

now my bike is in police station, how can i bring it back to home?

what is the procedure behind it?

To all my learned friends who have participated in this debate/suggestion/advise, a simple question:

Is it so simple to file an F.I.R? Have you ever approached police and find them so pleased to entertain you and that to in India?

If that be then I am not in india.

Come on folks you must be day dreaming.

A request :Kindly treat my burst as a pinch of salt and don't indulge in name game.

Thanks