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Q.Traffic

Q. Traffic

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dinesh singh

posted 4 months ago

while i was taking my new scooter for Vehicle certification at Local RTO i was stopped by kolkata traffic police and he penalized me with M.V act 39/192.
I had a TC number stuck on the front and back of the scooter as adviced by the bike dealer and RTO on that day but still i was issued the challan.
I explained him about the Vehicle C.F but he wasn't interested.

What to do now? Where and how to appeal?
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A. Dear Sir,
Either approach higher police officers or directly approach High Court seeking necessary relief.

For full procedure contact me on mobile through Vidhikarya.

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dinesh singh

Experience: 1 Year(s)

Replied 4 months ago

I already approached SP and dctp of regent park kolkata through email.
One of them called me and asked me to show RC smart card to get relief.
I told them how can one show a RC smart card for 20 days old scooter.

Then he told that's why you were penalized. He mocked me for writing an email to him.

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A. Yes,You can
Shanti Ranjan Behera
Advocate

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 4 months ago

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dinesh singh

Experience: 1 Year(s)

Replied 4 months ago

The court expenses will be more than the penalty imposed or less?

As there is no point in filing a case where at the end i end up loosing more money as expense than the actual penalty.

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A. Dear Client,
KNOW YOUR RIGHTS: Head Constable of Traffic police has only limited prosecution powers. Satyendra Garg, Joint CP Traffic
June 10, 2011 at 4:32 PM
To increase transparency in working of Delhi Traffic police and reduce possibility of misuse of prosecution power an order has been issued today clarifying the prosecution powers of Head Constables of Delhi Traffic Police.

In brief what the order says is no Head Constable can prosecute anybody for any offence which presently has a penalty for more than 100 Rs per offence. If any official threaten you with challan for Rs. 1,100 he is MISUSING his powers and if you know that he CANNOT issue a challan for this amount you can go ahead and ask him to issue challan. It is certain that once you ask for challan and he knows that you are aware that he cannot prosecute you for a violation punishable with penalty of more than 100 Rs. chances are he will not harass you. Yes if you commit two offences like not wearing helmet and jumping the red light he can rightly issue a challan for 200 Rs for two offences of driving without helmet and jumping the red light.

In this order we have specified that HC can prosecute red light jumping, riding/driving without helmet, triple riding, improper/obstructive parking, violation of stop/yellow line, defective number plate, drivng against flow of traffic, use of tinted glass and driving without seat belt: all offences where Head Constable can issue challan for Rs. 100.

Head Constable will not be bale to prosecute dangerous drivng(fine 1,000 Rs.), use of mobile phone while driving (fine 1,000 Rs.), disobeying lawful direction of a police officer (fine Rs. 500), over speeding (fine Rs. 400) and driving without insurance (fine Rs. 1,000). If you know these provisions I am sure you can handle wrong intention and act of a traffic police official.

Head Constable cannot prosecute a commercial vehicle. For this he is not empowered to stop, prosecute a commercial vehicle. If he notices a violation by commercial vehicle he can fill up violation slip without stopping the vehicle and send it to notice branch
Write to the SP, of the district concerned.
Shanti Ranjan Behera
Advocate

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 4 months ago

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dinesh singh

Experience: 1 Year(s)

Replied 4 months ago

So can i appeal against M.V act 39/192 with all the proof i have?

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Shanti Ranjan Behera

Experience: 22 Year(s)

Replied 4 months ago

yes, you can

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