• FIR u/s 420, 467, 468, 471, 120b Section 57 Chit Fund Act

I have been booked under sections mentioned in title on August 1, 2014, after that police arrest me and i got a bail from session court on August 20, 2014. the complainant state that in fir that i mislead him and got an amount of rs.10000 from him and cheat him on the name of company also he state that i m the director of the company. but in reality i m not the director of the company. after my bail orders i have filed enquiry to SSP and he transfer my enquiry to DSP and after all enquiry police decide to terminate my FIR and from sources i have found that the FIR in police station is marked cancelled but still it is not filed by the IO to court. Now i m confused that what should i do as i want to go abroad with PR. 

Please Help
Asked 4 years ago in Criminal Law
Religion: Hindu

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19 Answers

Hello,

File an RTI to know about the status of the case.

If the Final Report has been prepared by the police and they are not filing the same then you may approach the High Court seeking direction that the Final Report be produced before the magistrate concerned

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Please verify if police has filed B report in court and whether the complainant has contested same. If B report is not filed you can approach high court.to quash FIR registered against you.under 482 Crpc.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

you are at liberty to go abroad for work purposes if there are no restrictions imposed upon your travel abroad

2) visit the IO and obtain copy of the closure report

3) request the IO to file closure report at the earliest in court

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

1. If the Police has completed the investigation by closing the case on ' mistake of fact' then there is nothing to worry.

2. Once that Final Report is submitted you will come to know. Moreover the de facto complainant will also be informed by court about the closure report of police.

3. The court before accepting the closure report will hear the de facto complainant who can file protest petition after which the court can either accept the closure report and close the case or send the case for reinvestigation.

4. So wait for some time.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Client,

If the closer report is still pending with police. You can apply to court to grant permission to travel abroad.

Court do not interfere until it is evident that u might avoid court trail if charge sheet fled.

And if you submit before the court your willingness to present proper security than court will permit.

Otherwise High Court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If they will find no incriminating material against you in the investigation and there'll be no prima facie case against you, they'll file a final/closure report.

Let the IO file the above report in the Court.

You have the option to approach the High Court to expedite the investigation.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi, if the FIR has been cancelled by SSP , you can pursuade the IO to file the report before court .. However , if it has Been cancelled there will be no objection in getting the PCC

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

If no travel ban on you in bail then you can go abrod.there shall be no issue with pcc if already cancelled.

Also if police has prepared and no reporting file an application before concerned court to call upon the IO report.

Also you can go to high.court to expedite matter and for quashing also.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

You have two options:

One to file an application before the Trial Court to issue an endorsement that case is closed.

OR

Approach High Court with a request to issue direction to the concerned police to issue an endorsement that no case is pending against you. Further the limitation runs for taking cognizance is as follows;

===================================================================================

Section 468 in The Code Of Criminal Procedure, 1973

468. Bar to taking cognizance after lapse of the period of limitation.

===================================================================================

(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub- section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be-

(a) six months, if the offence is punishable with fine only

1. Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974 ), s. 2 end Sch.

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for term exceeding one year but not exceeding three years.

(3) 1 For the purposes of this section, the period of limitation in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

FIR is never cancelled. Only the Best summary report is filed if the case is false. Or state may withdraw the prosecution. In your case you need to file the quashing before the HC for quashing of FIR

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

The IO will then file a cancellation report against you when the final report is filed. You have to wait till the final report is filed.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You cannot travel abroad when there is a criminal case pending against you.

It is better you get confirmed about the closure of the FIR by police and then get a certificate from police about this which would enable you to proceed safely.

You can collect the status of FIR through RTI act also.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

complainant can file protest petition against closure report

2) After the closure report is submitted by the Investigating Officer, there are four options available to the Magistrate-(a) to order for fresh investigation in the matter; (b) to treat the protest petition as a complaint and issue process under Section 204 of the Cr.P.C.; (c) to directly issue process on the basis of the investigation whereby the closure report has been submitted; (d) to accept the report of the Investigating Officer.

3) magistrate can reject protest petition and accept closure report

4) the complainant can appeal against trial court

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Magistrate will issue notice to complainant weather he has any objection to police report or will file protest petition in same court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Compliant can file protest petition in cases where the IO report is not proper and investigation is carried out in shabby manner. In your case you can also file the same stating that the I. O report is not adequate

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Yes sir if IO file a closure report the.complainant can challenge the same in magistrate court itself and after sworn statements the magistrate may proceed with case or reject the objection filed by him. He can go to appeal against same order. In case if the magistrate deems fit to continue then it will take shape of private complaint represented by complainant lawyer and you will be sent summons by court.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

A protest petition can be filed under 173(8) if the person is not happy with the investigation and thereafter the court can pass an order for further investigation

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The judicial magistrate before whom the closure report is submitted shall send a notice to the defacto complainant seeking his objection to this, if no objection is received then the court may proceed to pass an order allowing the closure report.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Did they file any protest before Magistrate on closure report under 173(8) and demanded reinvestigation??

Yes the order can be challanged and reinvestigation can be requested from high court

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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