cancellation of fir

 FIR once registered is absolute and cannot be chanegd at any stage. 

After completion of investigation, police has filed a cancellation report and prosecution has supported the same stating that no case at all is made out as no prima facie offence has been made out against the alleged after investigation.

If no case is made out, there should be a closure report under Sec 169 which will be regarded as a report under Sec 173 Cr Pc. It is again the duty of the Magistrate to find out whether there is any material on record to proceed against the accused.

What are the facts? What is the context?

In India, the power to cancel an FIR (First Information Report) lies with the higher authorities in the police department. The officer competent to cancel an FIR typically includes the Superintendent of Police (SP) or higher-ranking officers. The Code of Criminal Procedure (CrPC) doesn't explicitly mention the procedure for FIR cancellation, but it grants discretionary powers to senior officers.

As per Section 154 of the CrPC, once an FIR is registered, it cannot be withdrawn or cancelled by the complainant. However, the police have the authority to conduct a preliminary inquiry and, if they find the case lacks substance, may choose not to proceed with the investigation, effectively closing the case.

In the case of State of Haryana v. Bhajan Lal (1992), the Supreme Court outlined circumstances where FIRs can be quashed, including instances of abuse of the legal process, lack of prima facie evidence, or cases filed with an ulterior motive.

To seek the cancellation of an FIR, approaching the Superintendent of Police or a higher authority with a written request explaining the mistake or the lack of substance in the complaint is the appropriate course of action. However, the decision to cancel an FIR rests with the discretion of the concerned police officer based on the merit of the case and legal provisions.

The Officer-in-Charge of a Police Station or any other Senior Police Officer lacks the authority to annul an FIR.

Even if the investigation reveals no commission of an offense, the Officer-in-Charge is not empowered to cancel the FIR. Upon concluding the investigation, the Officer-in-Charge must submit the final police report to the Magistrate in accordance with Section 173 (2) of the Code of Criminal Procedure for approval.

If the Magistrate approves it, the FIR is considered canceled. However, if the Magistrate rejects it, the cancellation does not take effect.

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