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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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.
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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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