If it was not your car and if you were not driving this car, as you have mentioned, then you cannot be made an accused for the offence related to car accident. So, if these are the only facts involved in the case, then you have been named wrongly as an accused person in the case by police.
However, if there was any scuffle or fight subsequent to the accident (as it happens many times), and if sections relating to injury caused, if any, to the other party, have also been included in the FIR, and if in such situation your name has been added as an accused person in the case, then it may be a different thing and it would then depend on the detailed facts of the case.
In any case, there are basically three ways to get your name removed from the case as an accused person:
- Provide proper evidence to the police during investigation that shows your innocence. If the police officer investigating the case is convinced with your innocence, he would drop your name from the charge sheet to be filed in the case, if any.
- File a petition under Section 482 of the Criminal Procedure Code before the High Court for quashing of the FIR qua
- If the charge sheet has already been filed, then you can apply for discharge before the trial court.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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