Quashing of fir/untraceable report

Guest (Querist) 17 March 2013 This query is : Resolved
Respected Experts,
An FIR was registered U/s 467/468/471/420/120-B IPC about few years earlier on a complaint addressed to District Commissioner, who after investigating the matter wrote to police to get the fir registered.
The accused got anti-cipatory bail after the registeration of FIR. Since the poice was hobnobing with accused challan was not presented in the court and now they have submitted untraceable report.
1. Now what does legally speaking the work untraceable report means?
2. Do the accused have to move to high court for qaushing of FIR?
3. If quashing can be done at district session judge or high court level then will they quash the fir without going into the merits that fir was registerd on the recomendations of the district commissioner with documentary evidence?
4. In any case will can the quashing be done without summoning the complainant and getting his side of version if he has not compromised with the accused.
5. The material present on the case file of I.O and the report of DC itself is sufficient to prove the sections of IPC applied in the case.
Here it is important to mention that complainant i.e. who made a complaint to DC was going to be effected indirectly with the crime not directly then can his locus standi be questioned during the proceedings?
I shall be very thankful to you for ur valuable quidance and related citations.

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Devajyoti Barman (Expert) 17 March 2013
1. It means ' absconding'.
2.They can but one should better wait till submission of charge sheet.
3.High court only.
4. No
Without knowing the case details it is difficult to advise further.

Guest (Querist) 17 March 2013
Respected Barman sahib
Police is has filed the charge sheet for 4 years and it is unlikely to submit charge sheet. They are going to file untraceable reports whereas all accused are on bail.
there is sufficient documentary evidence to prove the ingredients of the mentioned offences. Deputy Commissioner's recommendations to police is a strong point in case.
Please inform that District or High Court judge peruse the records in the absence of complainant or just go by the version of accussed's counsel supported by public prosecutor who are almost less concerned about the outcome.

Nadeem Qureshi (Expert) 17 March 2013
Dear Querist
there is no question for untraceable report, untraceable report means when the police fail to arrest the accused due to untraceable but as per your information there is a sufficient documentory evidence, the police can not file untraceable report.
Quashing the FIR can be filed before Hc and not in Session Court.
Feel Free to Call

Nadeem Qureshi (Advocate)
Chember No. D-720, Karkardooma Court, Delhi
email : nadeemqureshi1@gmail.com
web: nadeemqureshi498a.webs.com
Mob: +91 9953809956
+91 8802305262

R.K Nanda (Expert) 17 March 2013
no more to add.

Raj Kumar Makkad (Expert) 17 March 2013
Well advised by Ld. experts.

prabhakar singh (Expert) 17 March 2013
So well advised you are that nothing needed on my behalf.

Guest (Querist) 19 March 2013
I am grateful to all the respected experts for their valueabe advise.
I would like to ask one more query that since police is hobnobbing with the accused from day one. Police officers are out to protect them out of the way.
1. Can they conceal the real facts before the judicial authority/
2. Can they hush up the matter in any other manner, if so what are the tactics employed by accused and police in connivance with each other in such of the cases where complainant (named in FIR) has no direct locus standi.
I was approached by some one on the behalf of the accused who said that charge sheet has yet not been filed. police wants to file untraceable report and they want me to retract or give some statement favouring them. I straight away answered that i will say whatever is truth. They then said that then their work will be done little prolonged and they will be filling quashing in high court.
Your advise have been of great help to me but please clear my this confusion also that what do you think about the details given in preceding para.

Raj Kumar Makkad (Expert) 19 March 2013
1. They can try for that.

2. The list is endless. How can we count the tactics which can be played?

if the police files the anticipated report then the complainant has remedy to file the criminal complaint under section 200 of criminal procedure code.

Guest (Querist) 19 March 2013
Is complainant informed of the quashing of the fir or is informed and given a chance to present his side or the proceeding can be taken up in abeyance.

Raj Kumar Makkad (Expert) 19 March 2013
Yes. The complainant is duly given the notice either by police or court if either of the events has to take place.

Guest (Querist) 19 March 2013
Though in am bothering you again sir, but please answer that the locus standi of the complainant, who is effected indirectly can be a an issue in favour of accused? If it is not so then please give any citation if viable.

Devajyoti Barman (Expert) 19 March 2013
Untraceable report is nothing to do with the merit of the case.
The court can proceed with the trail in absence of any accused person.
In the meantime the court by declaring the accused person absconding attach his properties by declaring him as proclaimed offender.

Quashing of fir/untraceable report

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