A car driven by minor hit me from back, Police not taking action

You are in a strong position to approach the Magistrate directly with a written application, since the Investigating Officer's delay and pressure for compromise are serious procedural failures. Your four-point relief strategy is legally sound and can be moved before the court at your next date — or even earlier through an urgent mention.

Key Points

• The IO's deliberate stalling of the Mechanical Vehicle Inspector (MVI) report can be raised before the Magistrate as non-compliance, and the court can issue a show-cause or direction to the SHO.
• The Sunderbhai Ambalal Desai v. State of Gujarat Supreme Court ruling specifically supports release of a seized vehicle on Superdari or interim custody, and courts routinely rely on it to prevent deterioration of vehicles lying in police yards.
• Pressure by an IO to compromise is a serious misconduct; it can also be reported to the Superintendent of Police (SP) or DCP via written complaint, which you can send by post or email even if you cannot visit in person.
• Section 199A of the Motor Vehicles Act, 1988 makes the owner or guardian of a minor driver directly liable, and you can specifically pray for this to be invoked against the car owner.
• Your insurance surveyor has a legitimate interest in inspecting the vehicle, and the Magistrate can permit supervised access at the police yard.

Relevant Law

Section 199A of the Motor Vehicles Act, 1988 (guardian/owner liability for minors); Sections 173 and 451–457 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (custody and disposal of property, court's power over seized vehicles); the Sunderbhai Ambalal Desai v. State of Gujarat (2002) Supreme Court guidelines on interim release of seized vehicles.

What You Can Do

• Draft a written application to the Magistrate at your next date covering all four reliefs; request an urgent mention at the start of the day's proceedings for priority hearing.
• File a written complaint against the IO's conduct directly to the Senior Superintendent of Police (SSP), Gautam Buddh Nagar by registered post — this creates a paper trail even if you cannot visit.
• Lodge a grievance on the Uttar Pradesh Police public grievance portal (uppgram.up.gov.in) citing the FIR number and specific delays.
• Engage a local advocate experienced in criminal matters to move the Magistrate promptly, as a lawyer can file an urgent application on short notice without you needing to be present every time.