Legal options for drink and drive victims
3 years ago
My parents, brother and bhabhi were in a car which my father was driving. A car with 2 adult males in front seats and ladies and kids at back seats passed from right side of our car which broke our car's side mirror and also some scratches on car door. They didn't stop even when my family shouted on their car to stop and ladies along with kids looked at my family from rear mirror and were laughing. My father who was driving started chasing them. Realizing the were being chased they increased their speed but after a while they had to stop their car due to traffic. Father got down from his car and quickly took out other car's key from ignition. The man in driving seat came out with alcoholic breath and was not even walking properly due to alcohol. He pushed my father and my father lost his balance but didn't fall due to road divider's support. Now my brother got down and pushed him and he fell down (he was very drunk he could not even walk properly). Now second male adult came out of the car and towards my father (he was drunk too, his breath made it clear). By this time my mother came between my father and the second man so that drunk didn't touch my father. Now the drunk driver tried to take his car keys from my father. In this he pushed my father and my father shirt tore and he got nail scratches (I have photograph of tore shirt and nail scratches). My father didn't give him keys and told him I am gonna call police. The drunk driver started shouting that you can call anyone you want I dont care. People started gathering around. Drunk driver made some calls and after sometime people from his village came at the scene including sarpanch of his village. One man came and told that he is ASI (Assistant sub inspector of police). My brother demanded hs ID which he obviously forgot at some place. As too many people from drunk driver village gathered around my brother and father my bhabhi called "100" which nobody attended (this is biggest shock for me). My bhabhi googled some numbers and called some police helpline which was answered - get at the side of road and dont fight we will send someone. By this time the drunk driver and his village associates called there local police station and police arrived on scene. They discussed some things with sarpanch of drink driver's village. Police told both parties to come to police station. Now as drunk drivers car keys are with my father, police told my father to return keys so that they can also get in their car and arrive at police station. My father returned keys. My family arrived at police station but the other party (drunk driver) didn' arrive at all. He just fled the whole scene. Now my family is at the police station along with police officers who arrived at the scene. Police station head (I dont know designation) asked his subordinate (the one at accident scene) that why the other party didnt arrive at police station. He replied they must have left. So now my brother demand to record FIR which was refused. Instead of FIR they wrote on a plane piece of paper the whole story in summary and asked my family to sign it. My bother noticed that they had not mentioned anywhere in summary that other driver was drunk. He told the person writing that to add on which he refused. My brother went to station head and told him to add that they were drunk. So drunk driver fact was added after which my family signed. My brother demanded a photograph of that piece of paper but station head refused. My brother also told station head to contact the drunk driver through his village sarpanch and get him medically examined to gather actual evidence that he was drunk. Station head replied that they dont have the team to carry medical of drunk driver. The whole time the drunk driver and his associates didnt arrive at police station. Now dear members of lawyers club India What should I do now? Police didnt file FIR...we dont have copy of piece of paper police wrote...drunk driver was not medically examined. Please advise me how to proceed further P.S. 1.We have their car number and he have checked in whose name the car is registered. 2. State Punjab (Gurdaspur, Punjab)
You may lodge complaint with police, if already lodged then get charge sheet filed. Normally it will be treated as minor traffic offence and they will set at free on payment of nominal fees unless you pressurized for putting IPC offences in the charge sheet.
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A.Since you have already got the complain ( So called FIR) lodged and it seems nothing is being done hence you do one thing. Write a letter to the SP and if you have a copy of the complain then attach that copy along with that and send it to the SP. The SP should act on your letter and in worst case if even SP is not doing anything then after 7 days of having sent the letter to SP file an application under Section 156(3) of CrPC to the Judicial Magistrate.
Section 156 in The Code Of Criminal Procedure, 1973
156. Police officer' s power to investigate cognizable case.
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above- mentioned.
Read a blog on Section 156(3) CRPC or 200 CRPC, where to go?