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Can the chargesheet prepared by police be changed
05-Jul-2023 (In Criminal Law)
This is all about a accident between a truck and a bike. The accident happened in a turn. The bike rider was drunk , without helmet and license . The bike hit the truck on the back wheel(chakka). In a left turning on the road, the bike rider came from the opposite side of the truck and could not control the over-speed of the bike and hit the truck on the back wheel of the truck. The bike rider got injured and admitted in the hospital. Nobody from the Biker side complained to the police. But police lodged a complaint against the truck driver under ipc sec 279 & 338 and 177/184 sec of MV Act. 1 if the biker party does not complain to the police, can the police lodge an FIR ? 2 what should be done now ? 3 why did the police lodge FIR against truck driver as he is not guilty(said by Officer in charge of that Police station) ? 4 why the police did not file FIR against thr bike rider as he is the actual guilty?
No. Once CS prepared can't b changed. 1.police can tk FIR suomoto i. e. on his own even nobody lodgd FIR. 2.in an accident case two type of cases filed in court. One is criminal case filed in d CJM Court on d basis of CS against drivr of d offending vehicle n andr is compensation case filed by d injurd in d Accident Claim Tribunal. In ur case Police person did well bcoz their intention is to help d injurd person for getting compensation from d court. With regard to d drivr in criminal case, v rarely they r punishd bcoz accident is considerd as tort according to Act. not a criminal offence. If it is found dt accident causd with intention or criminal mind dn only punishment givn. As d vehicle is insurd with an insurance co. any compensation is awarded by d Tribunal to d injurd Insurance Co. will b liable to pay d injurd. So such type of cases deal in ds manner.
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Adv. Shilpi Chowdhuri
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