Last Updated on December 7, 2019 by Legalseva.net
FIR is a written document prepared by the police department. Before any formal complaint to the magistrate for a cognizable offense, the evidence is required to support the allegations. Some matters are of urgent nature that needs to be dealt with immediately, for which police have been appointed by the law as an authority to conduct necessary investigations and make inquiries. This is for the reasons cognizable offense, are most severe and wrong against the state, hence before the matter reaches the court it needs to be checked and verified for the details provided by the person lodging an FIR.
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An FIR once registered cannot be canceled, even at the request of whoever filed that FIR. Criminal Code of Procedure prescribes the manner which is prescribed by the law to cancel or dispose of the FIR.
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An FIR can only be disposed of in the following four ways:
1. The FIR is true but the culprit cannot be traced even after the required efforts.
2. The information given in the FIR was false.
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3. The FIR is neither true nor false.
4. The accused person dies before the filing of the charge-sheet against him in the court.
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Section 321 of the Cr.P.C. gives the government the powers to withdraw prosecution of a Criminal Case. As per section 321, Cr.P.C. a public prosecutor or an assistant public prosecutor, at any time before the judgment is pronounced and the consent of the court may withdraw a person concerning either one or more offenses for which the person is being tried for.
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The withdrawal of the charges can happen at the following two stages:
1. Before the charge/s have been framed.
2. After the charge/s have been framed.
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The reasons for withdrawal of the trial after the charges are framed is supported by the following exceptions, in respect to an offense:
1. A matter to which the executive power of the Union extends.
2. The investigation was conducted by the Delhi Special Police Establishment incorporated under the Delhi Special Police Establishment Act, 1946.
3. It involved the misappropriation, destruction or damage of a property belonging to the Central Government.
4. The offense was committed by a person in the service of the Central Government, in the line of duty as prescribed by the commanding chain, of the government.
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The laws are clear when it comes to the cancellation of an FIR. An FIR is the most important part of the legal machinery of India since it would always lead to an investigation, as prescribed by the law. Many a time, police would be hesitant in taking the FIR, for the same reason. There is still a considerable amount of political will in our system.
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The closure of a case in the manner stated above does not require any payment to be made by the complainant to the police nor the court. A court proceeding is initiated later to when an investigation is conducted by the concerned officer on lodging an FIR, hence requires a cost that is paid partly by the complainant as court fee and rest by the state as the salary of the officers conducting the investigation and usage of other required resources during the investigation.
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You may also consult top/best/expert Criminal Lawyer in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar for subject specific legal advice on the topic or seek Free Legal Advice if desired.
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This post is written by Vinayak Bhatia. For more info, please call 99888-17966.
