bail
adv.renu sharma
(Querist) 16 November 2009
This query is : Resolved
when person is arrested for an offense on FIR and withing 24hr the FIR is withdrawn by victim then what is the procedure ? whether arrested person send before magistrate or the police officer can release the accused person? or police officer can execute a bond from him?
Kiran Kumar
(Expert) 16 November 2009
well if the FIR is regirstered and the accused is arrested immedaitely or within 24 hours then certainly the offence is cognizable in nature and non bailable too, as the bail is not taken by the police concerned.
the FIR can not be withdrawn once it is registered.
it can be quashed or the offence can be compromised or the court may discharge the accused or the police may file a report with no offence made out etc.
a duly registered FIR can not be withdrawn.
A V Vishal
(Expert) 16 November 2009
As rightly advised by Kiran, the police does not have powers to withdraw once the FIR is registered. The due process viz. producing the accused before the magistrate for further orders, the police/procesution does not object to the bail application only in such circumstances the accused may be granted bail. However, it is worthy to note that grant of bail is based on the sole discretion of the court and the nature of the offence.
Anish goyal
(Expert) 16 November 2009
Agree with both of experts
dhiraj choudhary
(Expert) 16 November 2009
its previlege 2 have experts like kiran ji n vishal ji in this forum
bhupender sharma
(Expert) 16 November 2009
An Fir is the substantive peace of evidence on the basis of which the entire prosecution story is based and the investigation pursue on that basis therefore it is the genesis of the case. It cannot be withdrawn rather the person has to seek quashing of the same from the high court under section 482 Cr.P.C. or the person has to compromise the matter before the trial court if it is trivial in nature the matter can be bargained under the plea bargaining section 265A Cr.P.c. If the offence committed bailable then the police has to make the formal arrest and then released him on police bail at the time of filing of charge sheet the court bail is to be sought.
Raj Kumar Makkad
(Expert) 16 November 2009
Your question is highly presumptive and not based on actual facts. It is not possible to withdraw FIR as it is not an application rather a police report and there is a legal method in such matters as per Criminal Procedure Code which prevails and not the desire of the complainant.
When the situation as told by you cannot arise why to raise next question????
