Deny allegations apply for bail for driver
2) burden of proof is upon prosecution to prove allegations made in FIR
False FIR under Motor Vehicle Act by police
-Sir, a FIR is lodged in Police station against our Tank Lorry driven by driver. -An accident had occurred on bypass road where an elderly lady died. -Police suspected some tank lorry to be involved in accident. Based on toll tax timing ahead of accidental spot and they shortlisted 3 Tank Lorry as suspect. -Then logged and FIR against our Tank Lorry. The whole case is bogus and baseless, without any evidence. Please advice on how to proceed.
Asked 7 months ago in Criminal Law
Religion: Hindu
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8 Answers
Short Legal Advice – False FIR under Motor Vehicle Act:
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File a Representation: Immediately file a written representation to the Superintendent of Police (SP) stating your tank lorry and driver were falsely implicated without evidence.
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Collect Evidence: Gather GPS data, toll slips, CCTV footage, or eyewitness accounts to prove non-involvement.
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File for Quashing: Approach the High Court under Section 482 CrPC to quash the FIR, citing lack of prima facie evidence.
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Driver Anticipatory Bail: If there's risk of arrest, file for anticipatory bail for the driver.
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Legal Counsel: Engage a criminal lawyer to represent you during investigation and court proceedings.
This is a serious matter – act promptly to prevent wrongful prosecution.
You collect the evidence of your tanker lorry's movement details at that particular time of accident and then move an application to high court to quash the FIR.
Alternately you can challenge the case before the concerned judicial magistrate court in the trial proceedings.
You may get bail for the driver of the lorry first before taking any legal action as suggested.
- You can file a Quash petition before the High Court for quashing/cancelling the said FIR as no eye witness available there for proving that the said accident was occurred from your lorry.
- However, you can also argue in the trial court after filing the charge sheet at the time of framing of charge in the said case for discharging you from the offence.
Dear Client,
If your tank lorry driver has been filed an FIR on mere suspicion and without evidence, you can take the following legal measures to safeguard your interests. First, support the investigation by the police so that you are not arrested or taken action against but assert that the FIR is uncalled for. You must consult a criminal lawyer at once who can assist you in presenting a petition under the BNSS in the High Court for quashing of the FIR on the merits that it is frivolous, malicious, and devoid of evidence. The High Court can set aside such FIRs to avoid abuse of the legal process. Also, if the police try to arrest without procedure, you may plead wrongful arrest. Presenting evidence the that refutes your lorry's involvement, like that of toll records, GPS information, or witness statements will also further improve your case. If you find that the FIR was lodged with any form of malicious intent, then can also choose to file a defamation or malicious prosecution case against the complainant. Moving quickly and through the right legal channels is important in order to protect your rights and save yourself from unnecessary harassment.
Your best option is to contest the case on merit instead of going for quash. In such cases quash is not allowed. After coming clean in Court you can file a civil suit for malicious prosecution seeking compensation to expenses incurred and mental harassment.
You can go for quashing of FIR if it’s a false one
Dear Sir/Madam,
You are suggested to go and participate in the investigation and give all due proof of innocense and it is sure that you will get a clean chit in the case. If the police is not listening you, you may file the application in the court.
