Legal Question in Personal Injury in India
8 years back I was charged in an automobile accident. The person who filed the case fractured his leg in the accident. I got bail and the case never progressed because this person never came to court. One year into the case I left for the US and have been living here since then. Since I wasn't available to attend court hearings, I was declared a proclaimed offender. Lawyers tell met, if I were present to attend the hearings the case will drop the case. I don't want to take the chance of being denied bail and then having to wait in India for court hearings which can take forever. I am told the penalty for the charges against me is a couple of thousand bucks! but being denied the ability to travel back to the US if I were to surrender is not an option for me. Please advice on how I can handle this mess?
Appreciate your help.
2 Answers from Attorneys
You are mistaken that the penalty could be a "couple of thousands" rupees; it could be a jail term also depending upon gravity of the accident and the victim.
However, you may obtain Anticipatory Bail before making travel plans.
in your situation, it is better if you file a petition in the high court for quashing of the f.i.r. against you for the reason that the victim is not appearing in the trial court and you are living in US. in your petition, you may plead that the pendency of the petition in the trial court would not serve the ends of justice as the victim, who had suffered an injury, deliberately and intentionally avoiding the process. you stand a good chance of getting the desired relief.
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