You can go for quashing in high court and get it quashed
I have been accused wrongly for a case where there has been a death in a accident by my car (whereas my car was NOT at the location of accident on that day). Some one has falsely given my car number in FIR (to get insurance claim) and now i being accused for this false allegation. Also this was reported to us after 3 months of the accident before that not a single notice was delivered to us.
how can that be done? is that even possible right now (after 3 months of case) ? Would it require evidence ?
1) obtain copy of FIR
2) copy of statements recorded of eye witnesses
3) apply for and obtain bail
4) burden of proof is upon prosecution to prove allegations beyond reasonable doubt
Respected sir..
If you have sufficient means of evidence that you can prove that your car is not at the spot at time of accident then police have power to put you in colloum number 2 in challan... Else you have to face trial bit that will waste your time and money so it is Better to provide evidence to police... No need of worry this is just a petty case...
Thank you
File a quashing petition before high court to quash case against you by giving the proof that you were not present on location of accident at that particular time.
See to you need to approach high court and yes primary evidence that your car was not involved in such accident.
Then defend it before the court with all the evidence but this will be a long procedure , you file a writ for quashing the FIR based on the wrong and false facts , if the investigation is still going on then present your self before the IO of the case with all the facts and if he don't listen then go to the court but don't be confuse and take is lightly as this is a criminal case so fast and accurate step requires immediately.
Dear,
Get copy of FIR, and all the proceedings of this case through advocate.
Apply for bail also.
For that appoint an local advocate and contest this case.
Collide must be strong and damage to car, and if your car was involved it must be repaired. Mechanical report will prove easily the your car not repaired and Also if you have evidence that your car was at some other location, your will absolved.
you have a remedy of quashing of FIR if charge sheet is not filed and if chargesheet has been filed appropriate remedy is to move the petition for its quashing.
You need to defend the criminal prosecuted initiated against you on the basis the FIR lodged against you.
The testimony of the eye witness that your car was involved in this eye witness is liable to be rejected in case there are no other indepenent witness to corroborate this fact.
If you have received a notice from court in this regard, you may engage the services of an advocate and explain our stand with documentary evidence to prove that you were not there in the accident site at the time of the alleged accident and challenge the same during trial proceedings.