Can a accused name be removed from a FIR

951 votes

Hi
An accused can be discharged if the accused can file a discharge petition under Section 239 of Cr.P.C, if it can proved in the court that the allegations or imputations made against the accused do not make out a prima facie case and do not furnish basis for framing charges and hence the court may discharge the accused at the time of framing of charges.

Advocate Rajagopalan LawRato

735 votes

Sir,
if the case is filed before High Court by quashing the accused name it can be quashed. if you having confidence that your part is not there in the complaint you can file quash of 482 crpc for deleting your name in the fir

LawRato LawRato

675 votes

yes in the investigation if the investigating officer thinks that there is no participation or essence of accused in the crime the investigating officer can remove the name of the accused and the defacto complainant then can choose protest upon such removal before the magistrate within 30 days from the date of removal or filing of chargesheet

Advocate Innamuri Balasubramanyam LawRato