Challan from city traffic police department

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#1 24-Oct, 2008 10:36 PM
Suman
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I would be glad to know from someone that what needs to do with a Challan from city traffic police (Hyderabad traffic police), when I want to convince the city traffic police dept. that I did not violate the driving rule that they had mentioned in their Challan (like cellphone driving), because firstly the date and time as mentioned in the challan are not correct since I know very well that I was not driving my car at that time and date, and none other than me ever drove my car. I do not want to pay the fine amount that I am charged with. Please let me know that if I can write a letter to the "O/o Commissioner of police" in this regard ? whether the dept. would accept my letter ? 

Please someone suggest me in this regard. How can I legally avoid paying the fine amount ?



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#2 26-Oct, 2008 02:36 AM
Pankaj Prasad
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How come you didn't object to the challan at the time it was being issued to you.  That time itself you should have explained & tried to convince/prove your point/s.

 

Anyway, I doubt if your representation will now help, as it will be difficult to establish your points/contentions

 

Well, this is how I feel.




Honesty is not a Spare Wheel that you pull out when in trouble. It's a Steering Wheel that keeps you on the right path throughout the life's journey.
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#3 27-Oct, 2008 05:01 PM
Suman
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Yes, I would have objected immediately at the time when the police at the traffic control room at that crossing point (which place is mentioned in the challan) had noted my vehicle number., but I was completely unaware of the issue that the police had noted my vehicle no. The challan says that under three traffic violations rule of MV Act, I had violated the traffic rules like 1) Cellphone driving 2) Over speeding 3) dangerous driving, on 12-Oct-08 at 11:10 PM at XYZ crossing. But I remember very very well that on that day (but much much before that time which mentioned in challan) I was only waiting by the side of the road (at that XYZ crossing) with my wife and my mother-in-law in my car for an Auto-rikshaw to come, so that I could send off my in-law in the Auto-rikshaw, and at the time of waiting there the policeman from the control room had objected that I should not wait at that point, its a no parking area. That was the only intercation I had with the police. For your information, I did not recieve any call in my cellphone from anyone during my driving and I never did the driving offences in no. 2 and 3 as above in the whole of my life (I am driving my car only for last 6 months).

I came to know from others that most of the people ignores this type of challans from traffiic police and simply keep quite.



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#4 27-Oct, 2008 07:13 PM
Pankaj Prasad
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Posted by Suman

.... the policeman from the control room had objected that I should not wait at that point, its a no parking area. That was the only intercation I had with the police...

 

Well, if that 'interaction' had some unpleasant exchanges/arguments, it may have led to summons - though totally baseless.  But then, in any case, like I have said before, it will be difficult for you to establish points against the policeman.

 

Regarding ignoring the summon, I'm not aware whether how much truth the statement contains - but normally we should refrain from ignoring it.




Honesty is not a Spare Wheel that you pull out when in trouble. It's a Steering Wheel that keeps you on the right path throughout the life's journey.
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#5 28-Oct, 2008 08:26 PM
Feroz
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Let me know what is the content of the slip issued, is it to appear before a court or to a police station??

This is what happens usually in a traffic violation case.

  1. You are caught redhanded violating any traffice rules (like Motor Vehicle Act, Central Motor Vehicle Rules or any state motor rules) by a police officer or RT officer.
  2. Any police officer of and above the rank of SI of police or a Motor Vehicle Inspector or Magistrate can compound your fine by accepting the money and issuing a govt. printed receipt in this regard.
  3. If you challenge the offence or you have no money with you at that time or you are caught by a junior officer, you will be issued a slip specifying the offence and date and time to appear before a court having jurisdiction.
  4. If you decide to pay the fine you can go to the police station that day or next day and if the officer consents you can pay the fine before him.
  5. You can appear in the court either in person or through a lawyer. If you plead guilty the court will award a fine which you have to remit there. If you challenge the offense your lawyer will try to disprove the charge and based on the merits the court will issue a verdict.
  6. If you don't appear court will issue another summons or a warrant against you to the police to arrest you and produce before the court.
  7. Then a police man come to your home threatens you to arrest then and there and get some currency notes instead. ( If you are not home, your family members will come to conclusion that you have committed a murder)
  8. Then you will contact a lawyer and he will grab some more money from you.
  9. This will create a grudge in you to the legal system and then on you will not miss any chance to violate any petty rules and find pleasure in it.



You can live in your car, but you can't drive your house.
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#6 28-Oct, 2008 08:42 PM
Feroz
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The easy way out:

      If the offense is petty like no helmet, no seat belt, or any violation with fine of Rs 100 pay then and there or pay at the police station.

       If it is an offense having more fine like over speed, dangerous driving or using cell phone while driving try to plead to the officer not to repeat it again and simplify the fine. According to your skill in acting you will have to pay a simple fine or if you are eligible for Oscar nomination  will be set scott free. Don't put airs saying you are friend of IG or kin of minister. The police is used to this and will neglect it.

   If you are charged falsely accept the slip. Note the name and rank of the officer, forward a complaint to his superior officer narrating the incident citing some witness. If you have some media friends make it a news also. It will have an impact. Also consult a lawyer whether the charge can be disproved in the court. If it is not possible do appear in person and pay the fine. Or pay lawyer Rs 50 plus fine amount  to represent you  and plead guilty. Contact only a junior lawyer who is craving for cases.

What Suman have heard is true that some persons neglect the slip and have no problem. How? They were smart enough to convince the police officer with a false address. Other wise there are some magistrates who dislike petty cases and if the person doesn't appear for such cases in one or two postings dispose it then and there. Beware in most of the cities there are separate wing in police stations to trace out the vehicles and persons in traffic cases. It will result in embarrassment to a gentle man like you. Better to obey the rule of the law if you are not  a criminal.




You can live in your car, but you can't drive your house.
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#7 28-Oct, 2008 08:48 PM
Feroz
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Suman,

If you are sure you have not any single offense mentioned, contact a lawyer and challenge the case. You can collect your call details from the mobile company as a proof. Or you can appear in the court in person and put your arguments before the magistrate your self if he accepts.

The fine for the offenses mentioned are like this:

  1. Over speed - Rs 300
  2. Using Cell phone - Rs 500
  3. Dangerous driving - upto Rs 1000 
These are maximum amounts and court is free to award a fine below this.





You can live in your car, but you can't drive your house.
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#8 09-Dec, 2008 10:04 AM
Pankaj Prasad
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Such incidents are unusual & unwarranted for, and at the cost of inconveniences & peace of mind.

I suggest if you can go through the discussions/details herein above, especially the ones provided by Feroz.  It may help you in some way to come out of the situation.




Honesty is not a Spare Wheel that you pull out when in trouble. It's a Steering Wheel that keeps you on the right path throughout the life's journey.
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#9 13-Dec, 2008 11:19 AM
Feroz
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Surya

   Contact the authority to know what the traffic violation is. If a locked vehicle is found in a non parking area and if the driver or passengers is not in the vicinity normally the cops note down the reg. no. of the vehicle and get the address of the R.C owner from RT office. It also happens in a speeding car like not wearing seat belts, overspeed etc. This will be the cause of delay in issuing a challan for you. If you are sure you haven't done such violation do try to convince the officer in charge of the traffic department who issued the challan. Try to remember where you were on that particular day. And the fine for violation of parking rules is only Rs. 100. First try to get more info regarding the offense. May be it was issued to you by mistake. A change in 1 or 2 numbers of reg. no. also causes this harm.




You can live in your car, but you can't drive your house.
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#10 24-Dec, 2008 12:30 AM
Karan
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i can truelly understand this problem guys.....

n i, in a way trust Suman dat the Police is the culprit here (wat an irony,instead of a person whom i dnt kno,i am blindly saying that its the Traffic Police's fault.....bt thats the amount of trust we hav in r Traffic policemen!)

earlier this yr....in order to reduce the amt of bribe's these traffic policemen take ....the traffic constable hav been given a "minimum quota" in which they hav to send a particular number of challans per day.....dey just HAV to .......

bt the corrupt trafic constable r even smarter..... dey simply note down numbers at traffic lights..... n send challans at random!......

this is no joke...... its happend wid alot of ppl.....(includes me too)......

n also ....dey take help of the Police constables (not traffic police constables mind u ) n dey giv them a list at the end of the day !

d worst..u dnt get to kno wen they r issuing a challan....... n ofcourse they dnt want us to kno either.....because most of us wil b ready to pay a bribe.....bt dats not d constable wants at that time....he has to "show" sum "challans"...so he send them to ur home !!!......



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