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Mohsin Pathan (Owner)     20 September 2018

Zero FIR can be quashed or not ??

hello all ?? Can "Zero" FIR be quashed. or after investigation if fir is false or no evidences found then FIR can be quashed by Investigating officer or it has to be forwarded to concern police station. ??


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 7 Replies

Vijay Raj Mahajan (Advocate)     20 September 2018

The FIR once registered has to be closed by the concerned judicial magistrate on the basis of closure report of the IO of the police.
1 Like

Mohsin Pathan (Owner)     20 September 2018

what about zero FIR ??

Mohsin Pathan (Owner)     20 September 2018

complaint registered before 5 months IO investigated the whole case but not submitted to magistrate so can we believe that it was just a complaint not FIR

The Techies (Student)     20 September 2018

Originally posted by : Mohsin Pathan
what about zero FIR ??

 

Zero FIR is a concept wherein FIR can be filed in any police station (i.e.: irrespective of place of incident/jurisdiction) and the same can be later transferred to the appropriate Police Station. So, after transferring, due investigation will take place by the concerned Police Station and then as Vijay Sir has mentioned that FIR once registered has to be closed by the concerned judicial magistrate on the basis of closure report of the IO of the police.

 

Vinit Nair   20 September 2018

Investigating officer do not hold authority to quash the F.I.R, but he can file a closure report, or a B summary stating that it is a false complaint.

N.K.Assumi (Advocate)     21 September 2018

Agreed with the above responds, especially that of the techies. IO is the master of the investigations, and no one can direct the IO how it should be investigated or be directed to file charge sheet or a summary report etc. But the final say lies with  that of the judicial magistrate, who may or may not accept the report of the IO, and may issue orders in the interest of justice.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     23 September 2018

I have also the similar opinion as expressed above.

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