1) you can cross examine the witness
2) ask him to produce his identity proof
3) . that mere filing of an FIR, but as per which FIR the criminal case against the accused is dismissed, would not mean that there is automatically to be held that it is a case of malicious prosecution because the essential ingredient with respect to a cause of action in a civil suit seeking damages for malicious prosecution was it must be proved that the criminal complaint was initiated without any reasonable and probable cause,
4)Gangadhar Padhy Vs. Prem Singh, in the high Court of Delhi, RFA 269/13, date of decision 15.01.2014 It has been held in this case after relying upon the judgment of S.T. Sahib Vs. N.Hasan Ghani Sahib, AIR 1957, Madras 646 that, "the action for malicious prosecution is not favoured in law and should be properly guarded and its true principles strictly adhered to, since public policy favours the exposure of a crime and it is highly desirable that those reasonable suspected of crime be subjected to the process of criminal law for the protection of society and the citizen be accorded immunity for bona fide efforts to bring anti-social members to the society to the bar of justice. It was thus held, that to be successful in a suit for malicious prosecution, it is imperative for the plaintiff to show that the proceedings had been instituted against him for an offence which was groundless as evidenced by the successful termination of the proceedings in his favour, and which were instituted against him by the defendant „without probable cause‟ and from „malicious motives‟ i.e. for indirect and improper motive"
