SantoshK. Dubey (President & CEO) 09 April 2012

Road accident case

Sir,

I had a road accident on 8th July 2011, and was shifted to New Delhi for operative surgery and rod implantation in my rt. leg (from Jhunjhunu, Rajasthan), now when iam back i went to the local police station in Jhunjhunu to file an FIR, but the kotwal says its too late now (aap court se istgasa Dayar Karwao) then i requested him for acopy from his DD Entry (Rojnamcha) so that i may recall the number of the vehicle which has hit me, but no one is helping me out, i know i can obtain the same through a writ via Right to Information Act. but it will take too much time. what to do????

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5 Replies

Arvind Singh Chauhan (advocate) 09 April 2012

Yes you can avail copy of GD under RTI Act. You can approach to court under 156(3) Cr.P.C. to get an order for police to register and investigate the matter, showing the reason of dealy, which seems to be proper in your case.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER ) 09 April 2012

Mr. Santosh,

There is no limitaion to file a case for claiming compensation before the tribunal for Motor Accidents cases (MACT) but u need number of d crime vehicle. Delay in lodging complaint before police should be explained properly. Verify the records of your MLC for vehicle number otherwise u left with no option except u mentioned.

Good luck.

Dr J C Vashista (Advocate) 10 April 2012

Did you get medical help, if yes, definetly doctor has prepared MLC and reported the matter to local police before start of of your treatment, ask copies thereof under RTI Act, if police do not provide directly. Then move to the Court u/s 156 Cr. PC

(Guest)

Dear

First file a application under 156(3) Cr.Pc. With your medical documents, Also mentin that due to long treatment you was unable to register the FIR within time. and police has deny to registered the FIR.

But you need one ore more witness compulsorry if yu want t get success.

Court will admit your application & passed the order for investigatin to police.

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Second step_ produce a application to inpectin the said vehicle no. file. do inpection and get all details within a day. produce it before i.O.

Submit notary affidavit evidence of witness who see the incident & vehicle no. on the spot..