Authority who can cancel the FIR
09-Sep-2023 (In Criminal Law)
Respected Sir/Madam, My question is who has the authority to cancel the FIR.
FIR is not to be cancelled, no one can cancel the FIR it is to be quashed and it is being quashed by being approaching to High Court for quashment by filing a petition for quashment, or police can not admit the FIR
Can we file FIR after one year?
1. You can file a FIR at your nearest police station. Both matters will be investigated separately. 2. You have two years to file a complaint from the date the action was brought.
Can FIR be stopped once filed?
The officer in charge of a police station cannot cancel a FIR. The SHO does not have the power to cancel a FIR. The investigation may reveal that there was no crime committed. He must forward the police report to U/S after completing his investigation.
What is the rule of FIR?
Anyone who has knowledge of the commission or alleged commission of an offence that is cognizable can file a FIR. The victim does not have to file an FIR. An officer of the police who becomes aware of a cognizable crime can file an FIR.
What is time limit for FIR?
The FIR can be filed at any time. It should be filed as soon as possible. Unjustified delays in filing FIR have been deemed fatal for prosecution cases by the Supreme Court and High Courts.
it can be quashed by high court by filing petition before it and after seeing the fir if prima facie no case is made out then high court will quash the proceeding and automatically the FIR goes and trial ends
FIR can be canceled by the Police/Investigating officer at the first instance after finding during the investigations that there is lack of evidence or case is not proved, and then file a closure report. Besides the IO the FIR can be canceled commonly called quashed by the High Court or the Supreme Court under their constitutional or inherent powers of the CrPC.
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