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Discussion > Criminal Law > IPC > police has filed final report in an FIR SECTION 420 504 506   Unanswered Threads Post New Topic

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There are 13 Replies to this message


Sant kumar gupta


properietor
[ Scorecard : 86]
Posted On 04 February 2011 at 19:13 Report Abuse

respected sir,

     i have filed an fir against a person under section 420, 352,504,506.in the month of october 2010,he went to high court for quashing the impunched fir,but the honourable court  ordered that [THE WRIT PETITON IS ACCORDINGLY, DISMISSED AS NOT PRESSED]as the petitioner stated that he does not want to press the writ petition and wants to withdraw the same,so firstly i want to know the meaning of above judgement of the honourable court,this order was of 21.10.10.but the police didnot arrested the accused, at all,but filed the final report on 06.11.10.

so plz help me what should i do now.

regards



Online certification courses IP, IT and Investment Law


Samir Jha


Advocate
[ Scorecard : 165]
Posted On 04 February 2011 at 19:57 Report Abuse

Dear Mr. Gupta,

The meaning of the order is that the contents/grounds mentioned in the writ petition have not been discussed while dismissing the petition and the accused can again move to high court by filing the same petition later on.

Secondly, the issue of arresting or not arresting the accused is in the hands of the investigating agency. If the Police officials feel that custodial investigation is necessary than they arrest the person otherwise not.  Time and again Superior courts have held that courts should refrain from interferring in investigation and can only moniter the same, hence even trial courts do not direct investigating agency to arrest a particular person during the pendency of investigation.

As you have said that Chargesheet has been filed, now the court will issue notice to the Accused and they will have to appear before the Court and have to take bail. 

 



Sant kumar gupta


properietor
[ Scorecard : 86]
Posted On 04 February 2011 at 20:03 Report Abuse

respected samir sir

police has filed the final report  not the chargesheet....i have mentioned above.....

so plz guide me again

regards



adv. rajeev ( rajoo )


practicing advocate
[ Scorecard : 35289]
Posted On 04 February 2011 at 20:18 Report Abuse

Final Report means " B " report i.e., false report.  When police have filed a B report you will have to file an objections and     you will have to lead your evidence to get issue summons to the accused.



arvind


advocate
[ Scorecard : 12658]
Posted On 04 February 2011 at 20:35 Report Abuse

You can request for reinvestigation or can file protest petition against police report. Court will treat it as complaint case and you will have to give evidence in court.



Samir Jha


Advocate
[ Scorecard : 165]
Posted On 04 February 2011 at 20:37 Report Abuse

Final report has been defind under section 173 of Cr.P.C which is called charge sheet in the normal parlance.
 

The meaning of final report is that the investigation in the case is over and now the case is before the Court for further action. If as per the final report no offence has been made out against the accused then you are at liberty to file objections to the same being the informant and in case the final report makes out offence against the accused person, then court will take cognizance of the same and will issue notice to the Accused. Thereafter, accused have to appear and have to furnish bail bonds.

@Adv. Rajiv

 It is no where mentioned that Final report means false report as per Cr.P.C.

What you are talking about is the closure report. In case a closure report is filed then the complainant is required to file objection. It is always open for the Court to discard the opinion given by the investigating agency and if court find that a prime facie case is made out then court can proceed ahead.



Sant kumar gupta


properietor
[ Scorecard : 86]
Posted On 04 February 2011 at 22:23 Report Abuse

thanx a lot samir jee

regards



Samir Jha


Advocate
[ Scorecard : 165]
Posted On 05 February 2011 at 20:18 Report Abuse

Thank you very Mr. Gupta for a nice discussion.



kunal sharma


MD
[ Scorecard : 22]
Posted On 05 February 2011 at 22:05 Report Abuse

going through all the posts here seems like samir jha is the only lawyer here samir jha you are doing a great job saw your other posts just now your law acumen is quite awesome please keep on posting we novices can learn a lot from you, i want few suggestions from you please let me know your availabiltiy sir !
 



Aamir


Accounatant
[ Scorecard : 22]
Posted On 09 July 2011 at 11:50 Report Abuse

 

respected sir,

     an opposition party filed  under section 420, 352,504,506.in the month of jun 2011,

now can i do in this case. for my safety

 

 

Aamir
moradabad (up)




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