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How to remove name from fir, can police remove name from fir?


17-Jul-2024 (In Criminal Law)
Can the complainant remove one name from the FIR filed against three people in a property dispute? The dispute has been resolved, and registry of the property has been completed. The complainant wishes to keep two names in the FIR due to mental agony faced. What is the procedure for removing just one name from the FIR?
Answers (3)

Answer #1
847 votes
Since property dispute has been resolved, accused may approach concerned High court, for quashing FIR against them under 482 CrPC. In case as complainant you want to get one name deleted that is not permissible as per law, as every criminal case is state case, with complainant being informant only, while the criminal offence is against the state. At best as complainant you may turn hostile during evidence, though it may have its own repercussions. In case you may have more questions you may contact me.
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Advocate Vivek Nasa

Adv. Vivek Nasa

LawRato Gurgaon / Gurugram | 5+ Answers
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Answer #2
770 votes
The only option you have is, Have a talk with the investigation officer and have your and your witnesses statement recorded under section 161 Cr.PC in a manner so that there is ambiguity about the role of the person you want to remove from the complaint, in the commission of the offence or have these statements recorded in a manner so that no offence is made out against that person. The I.O can only do the job for you if you take him in confidence.
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Advocate Amit Kumar

Adv. Amit Kumar

LawRatoGurgaon / Gurugram | 5+ Answers
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Answer #3
631 votes
Dear Client, yours is a incomplete query, anyways, you cannot remove one name, however, during evidence you can submit evidence/statement in his favour. but such statement can also favour other two. rest depends upon your complaint and facts of the case. better to call for further clarification with complete detail. Regards,
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Advocate Suneel Moudgil

Adv. Suneel Moudgil

LawRatoPanipat | 5+ Answers
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