Legal procedure to cancel a registered FIR
15-Mar-2023 (In Criminal Law)
If there Is Register FIR Under 156(3) then What Is the Process To get cancel the FIR, and after cancellation the FIR where the complainent can approach at next leval..Thanks.
It is not clear from your query, whether you are complainant or accused. Well... I will answer the both way. If you are accused, you can get the FIR quashed from concerned High court depending upon the contents of complaint. Even the police can cancel the FIR if no offense is made out during the investigation. If you are complainant and the FIR on the basis of your complaint is cancelled, you can file protest petition against it and the court will treat it as private complaint and if you are able to prove prima facie case against the accused in your preliminary evidence, the court may summon the accused to face the trial.
Can police refuse to record an FIR?
Some police refuse to file a FIR when someone complains about an offense. It can be legal or illegal. It will be legal in cases where the court does not have jurisdiction, or it is not within their legal capacity to cognize or the crime is non-cognizable. 24-Aug-2023
Can police delay FIR?
Three types of delays can occur in the registration of a FIR. The delay can be caused by three different factors.
Can police cancel FIR in India?
The police can cancel an FIR at their discretion, but they must follow certain procedures and conditions. Police can cancel an FIR if they believe there are valid grounds for doing so, like a complaint that is based on false or misunderstood information.
Can police take FIR back?
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.
Police investigated the matter thoroughly and if after inquiries and investigation into the matter police found that there is no truthness into the matter then cancel such fir after giving intimation in this regard to concernd SP
There are two remedies available with you first the police can file closure report or cancellation report to the court that the we find no prima facie after investigation on that the complainant can file protest petition and second option you can file quashing petition u/s 482 Cr.P.C for quashing the FIR
In 156(3) an application move to Magistrate, when Police is not filing FIR. In 156(3) magistrate instruct concern police station to inquire the matter and file FIR accordingly.
1st Join Investigation with Police.
2nd Move a application in concern High Court if FIR filed against you for FIR Quashing with proper proof and documents.
1st Join Investigation with Police.
2nd Move a application in concern High Court if FIR filed against you for FIR Quashing with proper proof and documents.
Below are the process to close a FIR or quashe it .
1) you can submit affidavit If the case is on investigation stage only and chargesheet is not submitted then the police can submit final report /closure report ,However if it refuses tondonso then mutual quashing is possible fron high court .
2) you can file for mutual quashing of FIR in the High Court.
you can file an application under section 156(3) CRPC before the learned Magistrate concerned . If he finds your complaint to have disclosed a cognizable offence would order police investigation and FIR
1) you can submit affidavit If the case is on investigation stage only and chargesheet is not submitted then the police can submit final report /closure report ,However if it refuses tondonso then mutual quashing is possible fron high court .
2) you can file for mutual quashing of FIR in the High Court.
you can file an application under section 156(3) CRPC before the learned Magistrate concerned . If he finds your complaint to have disclosed a cognizable offence would order police investigation and FIR
Once an FIR (First Information Report) is registered with the police, it cannot be canceled by the police themselves. FIRs are legal documents that initiate the investigation process, and they can only be closed or quashed through specific legal procedures. Here's what you need to know:
- FIR Cancellation by Complainant: If you are the complainant who filed the FIR, you can request the police to close the FIR. However, the police will assess the situation and may require valid reasons for doing so. It's not an automatic process, and the decision lies with the police.
- FIR Quashing by the Court: If you want to ensure the FIR is canceled, you can approach the court to quash it. This typically involves filing a petition before the appropriate court and providing valid grounds for quashing, such as a false or frivolous complaint.
- Legal Procedure: The legal procedure for quashing an FIR involves presenting your case before the court, and the court will decide whether to quash the FIR or not based on the merits of your case.
- Consult Legal Counsel: It's advisable to consult with a legal professional who specializes in criminal law to guide you through the process and ensure you follow the correct legal steps.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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