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Debsumit (Associate Consultant)     29 April 2013

Case

Hi Experts,

My cousin was falsely charged with an FIR by police with IPC 354 while saving a man from some goons. That police was later transffered.

Later on the ACP of that zone agreed to submit the closure report to the court of the FIR by retaking the statements as per the law which will support us to quash the case. We have seen that report also once in the ACP office.

But now eight months have gone and no such report has been submitted to the court by police with the required FIR no. However other cases related to the same incident is available in the court against those goons.The peon of the court advised us that keep this fact into cold bags and move on also dont ask police to look into this FIR, Since the case is not in the court even after 6 months it means Police might have internally closed this FIR from their end.

My query- Is it possible if the FIR details are not submitted to the court after stipulated time of 6 months the it gets closed how to authenticate that ?

If not then what is the next step we should take to close this FIR?

Regards

 



Learning

 3 Replies

Dhayalan 9894551170 (advocate)     29 April 2013

Hi,

u just approch the High Court for Quash the proceedings.

Or if u recieve any summon from the lower court, u just file the discharge petition. Sec.354 of I.P.C is not a serious offence and also which is bailable. If u admit the offence then it is just a finable offence.


(Guest)

@Querist,

 

It's time not to worry as FIR is only a first information report. Unless charge-sheet is prepared, you are at safe position.It would be better for you to preserve the evidence that may prove you not guilty.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Debsumit (Associate Consultant)     03 May 2013

Hi Dhayalan_A ,

We haven't received any summon from court as the records are not submitted in the court even after eight months however all other FIR's related to those goons are submitted in the court by ACP office. So do we still need to proceed for quashing the case as the FIR is now only available in ACP office.

Regards,


 


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