Police forcing me to quash a mobile theft case by going to court
10-Aug-2023 (In Criminal Law)
Filed an FIR on January 23, 2016, for my stolen mobile phone under Section 379. After two years, now, the Police is calling me incessantly to appear in court to quash the case and close it once and for all. I do not want to do that. The police have said that they have put a lot of effort in the tracking but could not locate the phone/ thief. I just want to know whether I am obligated to appear to court and quash/ close the case. I really don't want to. Kindly help.
Once the FIR is registered, Police officials commence the investigation. After the completion of such investigation, a Report (called the 'Final Report/ Chargesheet) detailing the result of the investigation is sent to the Magistrate. In your case, Police officials were unable to trace the Mobile Phone or the theif. Therefore, they must have filed the Final report before the Magistrate for quashing of FIR. In such a situation, your presence is required in the court to either accept the reasons stated in the Report OR raise objections (in person or through an Advocate) before the Magistrate, mentioning the reasons as to why the investigation should continue. However, the decision will be made by the Magistrate Only.
No, you are not under any obligation to appear before court every time but if court orders you to appear then make sure to appear before court. With regard to quashing/closing of the case, feel free don't come under any pressure to withdraw the case.
Yes, in order to close the case you will have to appear in person or through an advocate. Since the police is not able to recover your phone, they will file a closure report of their police investigation.
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