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FIR closed vs Case closed what is the difference


05-May-2023 (In Criminal Law)
Please let us know the difference between "FIR Closed" and "Case Closed".
Answers (1)

Answer #1
780 votes
Hi
In the instance of police filing no evidence to proceed against an accused, generally police are required to file a closure report under section 169 Cr.P.C.
Now the magistrate may or may not accept the police closure report.
If the Magistrate agrees with the police report,then the case is closed.
If the magistrate does not agree with the police report, then the magistrate will have ample jurisdiction to give directions to the police, under s. 1 5 6 ( 3 ), to make a further investigation.

That is, if the Magistrate feels, after considering the final report, that the investigation is unsatisfactory, or incomplete, or that there is scope for further investigation, it will be open to the Magistrate to decline to accept the final report and direct the police to make further investigation, under s. 156(3).

The police, after such further investigation, may submit a charge-sheet, or,, again submit a final report, depending upon the further investigation made by them . If, ultimately, the Magistrate forms the opinion that the facts, set out in the final report, constitute an offence, he,can take cognizance of the offence under s. 190(1)(c), notwithstanding the contrary opinion of the police, expressed in the final report.

To put it simply
FIR CLosed- Means police have closed the FIR.
Case closed means- the case is closed by the Judiciary.

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