How FIR can be closed.
P.C.gupta
(Querist) 03 February 2010
This query is : Resolved
Dear Experts ,i mean that if FIR is registered agianst unknown persons u/s 319 to 325 on basis assault,If police is not finding any eveidence for long period such 7-12 months.For this pending cases,
How the police will move the cases without evidence to court .If police wants to close the FIR,what are procedures for them.
Raj Kumar Makkad
(Expert) 03 February 2010
Police has to put charge-sheet after the completion of its due enquiry which contains the evidence collected to substantiate the contents of FIR. If no evidence is found against the accused then police can pray before the court to discharge the accused or if accused has not been arrested as in the given case (unknown accused)then police can file report quashing the FIR and no limitation has been prescribed for this purpose in Cr. P. C.
Sukhija
(Expert) 03 February 2010
I agree
Arvind Singh Chauhan
(Expert) 03 February 2010
Police shall send report to court as prescribed in Sec 173(2) Cr.P.C.- Fit your query in this form, you will get the answer. Now court proceeds ahead as summoning the reporter etc. If reporter has no objection on the, report filed by police, court accepts the police report.
P.C.gupta
(Querist) 05 February 2010
Thanks to all.
Regards.
kranthi kiran
(Expert) 06 February 2010
After investigation if no evidence is found against the accused,police will submit final report (charge sheet) to the court, stating that no evidence is available against the accused and that the the complaint is a false one. Then the court will issue a notice to the defacto-complainant calling for his objections if any. If no objections are received with in the time prescribed by the the court, the Court will close the FIR.
