• FIR cancellation

Fir u/s 302 was lodged against me dated 06.11.2015 in Kaithal Haryana. Police couldn't find anything against me in 4-5 months of investigation n was about to file cancellation report. In d meantime complainant approached HC u/s 482 to transfer case to State Crime branch Haryana n Govt transferred case to STate crime. They took 4 suspected to polygraphy tests , one me n 3 others. Result wrt to other three couldn't b prepared by d lab whereas in my case polygraphy test report was prepared. IO state crime sent me notice for another polygraphy in cbi lab which I declined as I already got it. Other three suspected got polygraphy in first week of January n report is awaited. Police sources told me my polygraphy report was truthful. No evidence against me so far. Now can I go for cancellation in HC ??
Asked 7 years ago in Criminal Law
Religion: Hindu

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3 Answers

1) wait for police to submit its report before court

2) if there is no evidence against you police would file closure report

3) you don't need to file petition in HC for quashing of FIR at this stage

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

You are at liberty to file defamation case against the complainant under section 500 of IPC if police find allegations are false or if FIR is quashed by HC

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Polygraphic tests are not conclusive proof to either convict an accused person or to discharge him.

2. If after polygraphic tests the police/CBI applies for your discharge then you are lucky. Else you can apply for discharge.

3. If the discharge application in the trial court is rejected you can try your luck in high court under quashing.

4. Only because you are innocent that does not mean that you will be discharged.

5. In such offences of grave allegations I regret to inform that in all likelihood you will have to face full trial to prove your innocence.

Cancellation of FIR is not possible.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

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