procedure to cancel fir
Bishwajit
(Querist) 04 May 2010
This query is : Resolved
What is procedure to cancel fir?
A V Vishal
(Expert) 04 May 2010
A FIR can be cancelled only by a court of competent jurisdiction.
Arvind Singh Chauhan
(Expert) 04 May 2010
Not canceled but may be quashed under Sec 482 Cr.P.C by High court if it is found malafide or fictitious.
Parveen Kr. Aggarwal
(Expert) 04 May 2010
During investigation, if it is found by the investigating agency that the case is not made against the persons accused in the FIR, it may submit report before the court having jurisdiction. The court may cancel the FIR after getting the statement of the complainant recorded.
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(Expert) 08 May 2010
after registering a crime, a FIR can be cancelled either by :
1) the concerned magistrate on receipt of "no case report" from the investigation agency u/s 173 crpc, or
2) high court u/s 482 crpc, on sufficient grounds to avoid abuse of process of law