If the FIR relates to a non-bailable offence, your first step could be to apply for anticipatory bail before the Sessions Court. If you can prima facie show to the Court that the FIR is false, there are good chances of anticipatory bail being granted to you. This can help you avoid the arrest and custody which can be embarrassing and harassment.
You can cooperate with police to provide the evidence that shows your innocence and that the FIR is false. If the investigating officer is convinced, he can file a closure report in the case.
Thirdly, if needed, and if you have sufficient material to show that the FIR is false, you may even consider filing a petition in the High Court for quashing of the FIR.
If nothing works, and if a charge sheet is filed against you, you can file a discharge application before the trial court by showing that there is no prima facie case made out against you in the charge sheet. Discharge means the closure of the case against you.
As a last resort, you may have to face the trial and prove the prosecution case false and show your innocence, leading to acquittal.
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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