Regarding effect of name in fir .after removing name in charge sheet.
13-Sep-2023 (In Criminal Law)
Sir/mam
Some people filed FIR on me and 2 others.After few days they are convinced by known people that I am student and they given letter to si.so SI removed name in charge sheet.will it effect my studies.and govt job
Si se jakar vyaktigat Roop se mile kya hai Mamla aap se sambandhit hai ya nahin isase pahle Agar aapko sambandh mein charge Kiya gaya hai vishuddhi ko theek kara kar anapatti le jisse ki aap aage ki dikkat ki dikkato se Bach sake
What happens to the case if chargesheet is not filed?
In accordance with section 167, the Criminal Procedure Code (CrPC), if an investigating agency does not file a charge within 60 days of the date of remand, the accused is entitled to default bail. The stipulated period may be extended to 90 days for certain categories of crimes. 26-Apr-2023
What happens if my name is in FIR?
Police can only conduct an investigation if a FIR has been filed. After investigation, if the Investigation Officer (I.O. If the Investigation Officer (I.O.)
Can police remove name from charge sheet?
If there are no specific charges against you, the police may remove your name from the charge sheet. You can either file for discharge, or you can approach the high court to have it thrown out based on available material.
How do I quash my name from FIR?
High Court can rescind the FIR at any time if there is a compromise. Both the complainant and the accused may agree to a compromise. Both parties can submit a joint petition for the quashing of FIR under Section 482 CPC.
after removal of your name in chargesheet you are no more an accused in the case until and unless prosecution will an application for your addition as an accused in the case at later stage so be cautious and watch the proceedings until that you does not need take trouble.
no not at all. you were named in fir but now final report has been submitted in favour of you. you were not chargesheeted. so don't worry about it. you are not accused in that case but when trail starts and in case informant of the case moved an application under section 319 cr. p. c. then in that case by the order of the court you will also face the trail. so be sure that in future informant will not move any application against you. and last but not least please be careful that you are a student and this type of gesture of yours will affect you carrier in future in case when you proved guilty. all the best for future.
in any case of trouble you can contact.
in any case of trouble you can contact.
In criminal cases, there is a distinction between an FIR (First Information Report) and a chargesheet. Here's an explanation of the differences and the significance of having one's name in an FIR but not in the chargesheet:
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FIR (First Information Report):
- An FIR is a document that records the initial information about a cognizable offense (a crime for which the police can make an arrest without a warrant).
- It is typically filed by the complainant or a witness to the crime and serves as the basis for initiating an investigation.
- An FIR includes details about the incident, the individuals involved, and the allegations made by the complainant.
- Having one's name mentioned in an FIR means that the person is initially accused or suspected of involvement in the crime.
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Chargesheet:
- A chargesheet, on the other hand, is a formal report prepared by the investigating agency (usually the police) after conducting a thorough investigation into the case.
- It contains the findings of the investigation, evidence collected, and a list of individuals who are formally charged with the offense.
- The chargesheet may or may not include all the individuals initially mentioned in the FIR, depending on the evidence gathered during the investigation.
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Removing Name from Chargesheet:
- If a person's name is included in the FIR but not in the chargesheet, it may indicate that the investigating agency did not find sufficient evidence to formally charge that individual with the crime.
- This can be a positive development for the person as it means they are not among the accused in the case.
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Quashing FIR Before Chargesheet:
- It is possible to seek the quashing of an FIR before the chargesheet is filed if there are valid grounds, such as the lack of prima facie evidence or a compromise between the parties involved.
- The High Court or the Supreme Court can exercise its inherent powers under Section 482 of the Criminal Procedure Code (CrPC) to quash the FIR.
It is possible that the investigators did not have enough evidence to charge the person with the crime. It can be a good thing for the individual, as it shows that they are not one of the defendants in the case.
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