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Is sc st case cognizable?

(Querist) 04 January 2012 This query is : Resolved 
Dear Sirs,

Please let me know whether an sc st case filed can be withdrawn (FIR IS REGISTERED) by the applicant at the station where he has filed the case?

OR ELSE IT IS THE DSP ONLY THAT CAN CLOSE THE CASE?

Thanks in advance,
vamsi.
Shailesh Kr. Shah (Expert) 05 January 2012
not ps nor dsp can close the case when fir lodge without permission of the court.
Deepak Nair (Expert) 05 January 2012
If it is a case of atrocity, once FIR is registered, the same cannot be closed without the court's permission.
Shonee Kapoor (Expert) 05 January 2012
Agreed with experts.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh (Expert) 05 January 2012
When FIR is lodged and case registered any officer looses its control over it and only court can do what it wants to do within bounds of law.
v sai vamsi vardhan (Querist) 05 January 2012
Hello Sirs,

Thanks for your replies.
I would like to bring to your notice that a case was registered against me in october 2010. FIR was registered. But they have not produced me in the courts of law.

How was it possible??

Regards,
vamsi
Raj Kumar Makkad (Expert) 06 January 2012
It was possible due to non-action of the police authorities as the complainant is now with you. If perused, police shall have to act in a very high speed in such cases.
V R SHROFF (Expert) 06 January 2012
in atrocity, FIR cannot be closed without the court's permission
Very dangerous act.
Shailesh Kr. Shah (Expert) 06 January 2012
You Should have to perused your case with police to speedy disposal.
Devajyoti Barman (Expert) 06 January 2012
What for are you waiting, for getting arrested?
Without wasting time file a petition for anticipatory bail to avoid arrest.
bhupender sharma (Expert) 06 January 2012
under the Sc/St Act anticipatory bail is provided for.
prabhakar singh (Expert) 06 January 2012
agree with experts.
v sai vamsi vardhan (Querist) 06 January 2012
hello sirs,

thanks for your advice.
I would like to bring to your notice that the case was closed without producing me before the courts..

I dont know how..

regards,
vamsi
Shailesh Kr. Shah (Expert) 07 January 2012
It is possible that you have not been produced before the court but without the court involvement, case could not be disposed.
SAINATH DEVALLA (Expert) 29 January 2012
Dear Mr.sai vamsee,

You were very clever enough to reveal the fact, that FIR is already registered, only after knowing the views of the experts.Any way this is a very dangerous Act, widely misused by many ,who are not even aware of the provisions of the Act.As the FIR is registered you can be summoned any time as there is no time frame after registering.There is a lot of difference between a complaint and an FIR.Kindly checkup whether it is complaint or an FIR.If it is a complaint you and the complainant will be summoned by an officer not less than the rank of a Dy.sp,for a councelling.Has that been done.Kindly clarify before comming to a conclussion.


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