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manish agrawal   02 February 2018

Need inputs regarding review petition

Dear Experts, Recently, my wifemetaccodent and accused was charged with IPC 279,337 & 338 As per records, The first hearing was supposed to be on 18th Jan 2018 but on that day the online records were just updated that case was disposed in december itself without any evidence recording, as the accused has pleaded guilty. in this case court simply imposed fine of 3500 on person and disposed the case Later, I met Public procecutor who said that as maximum fine has been imposed thus, state cannot file for review petition. I was given permission to file review petition on my own Here, my query is: 1. Injury: A) The injury certificate states Grevious Injury and simple injuries B) my wife got 4 fractures in left femur bone C) plus, strong impact on left knee thus, she is limping even after 4.5 months 2. Physical status: A) she was on bed rest for 2 months B) still not able to stand for 5 min even C) permanent Limping My query is that if max Punishment in such case is Just fine? Or, since the law says about improsonment also, can that be requested under review petition? Plus, can I report above failure in procedure to Anti Corruption bureau or can I call as One sided judgement and use it as point in Review petition Is there any other points / related cases which I can use for filing a strong Review peritoon which can then be accepted Since this is a lermanent loss of freedom, Doesn�t it qualifies for improsonment at all? Last but not least, Can I put an application for getting lisence for legal Bone breaking business based on above decision? as this decision can be used as reference in future by other courts, so isn�t it an little partial decision? Any inputs will be helpful and much appreciated Thanks & Regards Manish Agrawal



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 2 Replies

Vijay Raj Mahajan (Advocate)     02 February 2018

The accused pleaded guilty and hence no evidence other than which was brought on the case file was recorded by the judge in the criminal proceedings which was State complaint case, awarded the punishment of fine only. The discretion of the court in deciding the quantum of punishment will not be serving any compensation for you. You need to file civil suit against the person for compensation and damages by his act of causing accident that caused grievous injuries to your wife. You can claim complete medical expenses as well further losses served up on you by his such careless act.

manish agrawal   02 February 2018

Sir, First of all, Thanks for taking time to help me.. Regarding no eveidence recording, shouldn�t both the parties be called atleast once before final decision? My point is are we selling our bones here? Even if someone breaks someone�s bone today, and just pays some fine In lieu of taking his/her Freedom to walk freely again, is it justified? Why at all then the laws contains the punishment of Improsonment? May be I should ask, under what circumstance improsonment would have been given? You might say, in case of loss of limb... then isn�t permanent limping similar to loosing the limb? Thanks & Regards Manish Agrawal

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