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FIR Cancellation Report Submitted By Police
17-Aug-2023 (In Criminal Law)
Complainant lodge FIR through court under 156(3), If police officer investigated the matter and cancelled the FIR and submit the cancellation report in the court. After how many days complainant can approach the court to file the appellee. or after how many days submitting the cancellation report by the police the court will accept the police report. Please guide..
sir, there is no fixed time frame for this. especially nowadays during the COVID-19, only urgent matters are taken up by the hon'ble court. Hon'ble Supreme Court of India already gave an extension of all deadlines irrespective of any litigation. Don't worry hire a good lawyer, he will visit the concerned court and update you accordingly the current position.
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Adv. Prateek Aggarwal
Gurgaon | 100+ Answers
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Can police take FIR back?
Fir is not revocable. For a fir that was registered as a private complaint, compromising can be made. You can compromise if the law allows it. Before court.
What is the closure report after FIR?
The Magistrate may, however, direct the police to continue the investigation. The closure reports objective is to show that prosecution of an accused person is not justified if police investigations or other investigating authorities have failed to connect them to the crime under investigation. 02-Mar-2022
Can police cancel FIR in India?
The police cannot cancel a FIR once it has been filed. After investigation, they either file a report to the court closing the case because no evidence was found or both parties (complainant and accused) can go to the high court for the FIR to be quashed.
What is the power of cancellation of FIR?
Supreme Court or High court can quash an FIR that is frivolous and does not need to be pursued against the accused. The Apex Court must quash a case very carefully and sparingly. It has to consider many factors in order to quash an FIR.
see, under if your complaint has been registered under section 156(3) and the police officer has submitted it's closing report to the magistrate. then the magistrate has power under section 159
1) to accept the closing report
2) to order further investigation or
3) may reject the report and take congnizance himself of the matter or order any magistrate to take congnizance by subordinate magistrate
so, the appeal against the closing report cannot be filed here. this is the procedure.
1) to accept the closing report
2) to order further investigation or
3) may reject the report and take congnizance himself of the matter or order any magistrate to take congnizance by subordinate magistrate
so, the appeal against the closing report cannot be filed here. this is the procedure.
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Adv. Vivek Tanwar
Gurgaon | 25+ Answers
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Difference between cancellation report and closure report
Protest petition against cancellation report
Difference between quashing of FIR and cancellation of FIR
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Cancellation of FIR under CrPC
after cancellation of FIR, there is no specific time in the CrPC, but you have a remady to file protest petition under section 200 crpc in the court heaving jurisdiction. it is only remady against the cancellation of FIR by police
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Adv. J. S. Saroha
Rohtak | 25+ Answers
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Occasionally, the police will submit a report requesting that the case be canceled after the investigation is complete. This report, also known as a cancellation statement, is filed by the police when they believe no crime has been committed.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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