• False allegation of car accident

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.
Asked 6 years ago in Civil Law

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

You can go for quashing in high court and get it quashed

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Yes if the facts you stated are true then no case is made out against you. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

Apply for and obtain bail 

 

contest the false case filed against you 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

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

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

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. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See to you need to approach high court and yes primary evidence that your car was not involved in such accident. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

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.

Tarun Agarwal
Advocate, Jaipur
768 Answers
3 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

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.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89982 Answers
2492 Consultations

Since you have received notice from court, it becomes your duty to appear before court and defend your interests.

You take the assistance of an advocate in the local and  proceed in your own interests or you may suffer heavy loss  and hardship.

T Kalaiselvan
Advocate, Vellore
89982 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer