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Removal of one name in fir.


18-Sep-2023 (In Criminal Law)
Fir was filed against 3 people by complaint re a property dispute. Complainant now wants to remove one name in fir. is it possible. The property dispute has been resolved and registry done. Complainant does not want to remove 2 names due to mental agony he faced. What is the procedure for removing onr name only.
Answers (3)

Answer #1
908 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.

Answer #2
585 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.
Answer #3
863 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,

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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