Query: Two weeks before I met with and accident while traveling in my bike. It happened in the night when I was riding at a speed not greater than 40kmph and suddenly I found a scooter standing still in the middle of my way (in the left). The car ahead of me fortunately changed its direction and avoid hitting on the scooter and I couldn't do so. instead, I braked my bike and went on to hit the scooter. The scooter guy got his his leg broken and I had only minor injuries. The people around the scene come forward and supported me as he was trying to cross the road for quite some time. I noted the car drivers number who was in the car ahead of me and strongly supported me for proving my side. Then I moved on with taking the guy to the hospital. In the hospital, I was told by his friends and relatives that they are not going to charge any complaint against me and I left the scene after giving my contact number and address. One week after I took my bike to the service station and given for repair work. Two weeks after the accident police called me and told that there is a complaint and need to produce the bike in the station. I took my bike and went to the station, at the station the Inspector was very co-operative and told me that the other parties vehicle doesn't have any insurance and they tried to change the vehicle. He told me to bring two persons for signing and releasing my bike and I asked for a copy of FIR for proceeding with my vehicles insurance claim. Then only I came to know that the case is written completely against me and charging sessions 279 and 338 (especially mentioned that I was riding very fast and carelessly in such a way that I could endanger human lives) .I called the inspector and he told me it's done because for getting insurance amount from my policy towards his hospital expenses. But nobody told me before charging this kind of sessions which is completely against the facts. They haven't written anything against him. Inspector told me that it's done for easily getting the claim from insurance company. I would get a petty for 1500rs for the maximum. Is it like that? As I am about to go abroad in next September, will it create any problem during my immigration process? Do I have to face any problem in getting insurance claim for my bike as the FIR is completely against me.? Give me an advice whether I should go against the case in the court. If I am allowing them to proceed with the same, is there anything to be done for clearing my side.
Sir, a false First Information Report (FIR) lodged against your name can prove to be extremely hazardous for a wide range of your future dealings. This may affect your immigration proceedings in the near future adversely. You must consult with the police officer concerned and record your statements claiming the false nature of the FIR so filed against you. In case the officer is not ready to record your statements, you must take the assistance of an advocate and resolve the matter before a magistrate. There are various provisions available under the Civil Procedure Code to provide remedy for such cases of false FIRs.
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