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Advice in case filed u/s 506, 509, 354D and FIR closed by magistrate.
31-Oct-2023 (In Criminal Law)
Please let me know the difference between the FIR filing and CASE filing? A false case is filed u/s 506,509,354D on 14.06.2015.Chargesheet is not filed.On 31.01.2017 FIR is closed by Junior First Class Magistrate as per some High Court order.what does it mean(Accused got clearance)?
Dear,
There is a no difference as such between filing of FIR and filing of case (filing of case includes private complaint). Filing of FIR or filing of a case means when a complainant lodges a complaint with police, the police if thinks the complaint is worth pursuing further, will register an FIR and take up the investigation. Filing of FIR is important as it sets the process of criminal justice in motion. It is only after the FIR is registered, the police will take up investigation of the case. If the Magistrate Court closed the case with reference to the High Court order, it means that the Accused has been set free from all criminal charges against him/her. Check the docket of your file for the order or ask the court to supply you the order copy. If you are the complainant, contact the PP or if you are the Accused, discuss with your lawyer.
There is a no difference as such between filing of FIR and filing of case (filing of case includes private complaint). Filing of FIR or filing of a case means when a complainant lodges a complaint with police, the police if thinks the complaint is worth pursuing further, will register an FIR and take up the investigation. Filing of FIR is important as it sets the process of criminal justice in motion. It is only after the FIR is registered, the police will take up investigation of the case. If the Magistrate Court closed the case with reference to the High Court order, it means that the Accused has been set free from all criminal charges against him/her. Check the docket of your file for the order or ask the court to supply you the order copy. If you are the complainant, contact the PP or if you are the Accused, discuss with your lawyer.
Helpful?
43+
43+
Adv. B. Srikiran
Hyderabad | 500+ Answers
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yes if a petition under section 482 of crpc was filed by the accused before the high court under the extraordinary power of high court the high court have closed the case as it is base less and the regarding the malicious prosecution proceedings that would be initiated by the accused after proving the false case is the provisions of 499, 500 ipc
Helpful?
29+
29+
Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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