Ankit Dhingra 01 July 2016

Ipc 279 and 338 in a freak accident

Dear Esteemed Members,

My close friend has been in a road accident two weeks back. He was on his way to office in the morning, and was riding his motorcycle, when suddenly a pedestrian darted across the road. In order to avoid the pedestrian, he swerved his motorcycle to the side of the road, and the pedestrian, in panic, tried to run back and hit my friend, whereupon he fell from the motorcycle. The motorcycle hit the divider, flipped onto the other side of the road, and landed upon the roof an oncoming car, injuring the occupant of the car.

My friend was not injured, but as soon as he saw the damage to car, he kept his wits and rushed the occupant to the hospital. The hospital admitted the injured person and began treatment. Eventually, the family of my friend and of the victim arrived at the hospital, and were told by the doctors that the patient had a skull fracture, and any delay in bringing him to the hospital could have led to dire consequences. My friend has also sought the opinion of an esteemed neurosurgeon in Delhi, and has been told that the patient has had no permanent damage, and will recover completely within 4 to 6 weeks.

My friend and his family have spoken to the family of the victim, and they are being very understanding and co-operative. The victim has now been discharged from the ICU, and the police are yet to take his statement. However, the police are not being very co-operative with my friend; even though he was tested for blood alcohol and the results came out negative, the police officers resorted to physical harassment in the police station. While the family of the victim is thankful that he is alive and well, and do not wish to file a case against my friend, the police has filed an FIR against him - u/s 279 and 338 of IPC.

This is a rare and freak accident, wherein a motorcycle has caused amage to a car and its occupant. My friend, who is a highly qualified IIT/ IIM graduate, works in an MNC bank. and it appears that the police are determined to harass him. From what I understand, section 338 is compoundable; however, given that the other family is disinclined to file a case, I don't understand if my friend could still be on trial for any violation of the same. Would he only be on trial for violation of Section 279 ? If so, what is the likelihood that such a trial would lead to a conviction ?

It is learnt that the investigating officer is yet to file a charge-sheet, and won't do so before taking a statement from the victim. Could the esteemed members please guide as to the possible outcomes, and advise as to a suitable course of action ?

Best

Ankit Dhingra

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3 Replies

Sunny 01 July 2016

I was on green light on my car, but a police traffic constable on motor cycle without helmet jumped the red light and hit the left fender of my car. His leg got injured and was taken to hospital by a police van immediately. Many witnesses were present there. Police didn't listen to any of them, impounded my car, DL and RC without giving me a receipt. I asked the I.O. to write my complaint but he refused. Then I emailed IG, SSP regarding the refusal to complaint by police and the whole incident. In newspapers, it also came that police constable jumped the red light and hit the car. But, after 2 days, I.O. called me that FIR has been registered against you under section 279 and 337, and give your arrest. After sometime I received a call from SSP office and he called me in his office. I explained the whole incident to him. He telephonically gave instructions to SHO to re-investigate and put the arrest on hold. The SHO called me and took my statement and also asked if I had any witnesses. I called the witnesses the next day and SHO also took their statement. They told that the constable had jumped the red light and all the incident. Now, I want to ask whether the FIR against me will be quashed? Can I put an FIR against the constable? Can I put any other case against him as he has filed a false FIR against me?

Sudhir Kumar, Advocate (Advocate) 06 July 2016

meet the SSP again.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 08 July 2016

@ankit dhingra

It is quiet routine for the cops to engage in such activities merely to extort out some money from you. But remember this and I speak from a number of expeirences, even if they do get some money from you, they will eventually end up doing whatever they feel is approrpriate and wont even consider the slightest bit for you. Police officers are not to be trusted especially when you are alleging that there have been instances of physical manhandling.

My advise to you is that if the victim family is ready to co operate with you, move a quashing petition before the High Court . There are almost absolute chances that the same shall end up being allowed and the FIR and all consequential proceedings will end up being quashed. That would mean that the FIR is no longer standing against you .;

Dont sweat too much coz of this issue. The nature of the offence is very trivial, especially because the victim family is ready to co operate with you. But it could cause issues in future especially while applying for a passport or while wanting to travel abroad. Hence get is quashed asap. Call me in case this is a case pertaining to Delhi-NCR.

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