Dowry case cancelled u/s 173 crpc
Neeraj Jha
(Querist) 20 February 2017
This query is : Resolved
Dear Experts,
My wife lodged FIR u/s 498A/506/406/34 IPC on date 10-Jan-2015 in Gurgaon
In investigation : ASI IO, SHO, DSP were involved, DSP cancelled the FIR by taking grounds of proofs.
I have applied many RTI's and Appeals for obtaining the information that the Police submitted that cancellation report to court or not? but I got disappointed from everywhere. I asked to some cops personally also but they do not know for this specific query.
Lower court Advocates also putting assumptions on it therefore it is not sure to me, and the question is still keeping in my mind that Police had submitted that cancellation report to court or not?
I checked it on internet but there is no record at all for that FIR.
I got it checked with a clerk in Gurgaon lower court but he told me that they did not receive such FIR further to court.
Is there any procedure in CrPC 173 that DSP can take action by his own discretion and close the case on his level???
I need this information for filing the Divorce case on ground of fake complaints, please advise.
Thanks
Guest
(Expert) 09 April 2017
The Report u/s 173 of the Cr.P.C is filed with the Magistrate. You can go to the respective magistrate court and apply for the Certified Copies of the same. Once a case is instituted, any report filed by the Police is submitted to the Magistrate.
