• FIR logged against NRI in Uttar Pradesh

As per the rules effective July 2015, FIR can not be registered against NRI unless approved by Zone Inspector General. However my uncle has registered a false FIR against me and hidden the fact from police that I am an NRI. The FIR has no mention of me being NRI. The charges are of 420. What should be my next steps? Experts please help. Does the high court follow Government Orders and can quash the FRI saying that it was falsely filled?
Asked 1 year ago in Criminal Law from Agra, Uttar Pradesh
Religion: Hindu

quashing is to be done only in exceptional circumstances

2) HC is reluctant to quash FIR pending completion of investigations

3) you can file for quashing if prior approval not obtained from zone inspector general

Ajay Sethi
Advocate, Mumbai
67030 Answers
4046 Consultations

5.0 on 5.0

hello

the FIR being false and frivolous would be quashed by the HC. you should file a writ petition in the Allahabad HC for the quashing of the FIR immediately.

regards

Rahul Mishra
Advocate, Lucknow
4346 Answers
11 Consultations

5.0 on 5.0

A person can apply for anticipatory bail even after the FIR is filed

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

unable to find any judgments wherein FIR is quashed because no prior permission taken from zone inspector general

Ajay Sethi
Advocate, Mumbai
67030 Answers
4046 Consultations

5.0 on 5.0

In UP, directive regarding has been issued by Principal Secretary, Home in 2015, to all the senior police officers. Now no FIRs will be registered against NRIs from UP without informing and taking permission of zonal IGs.

Since, the requisite mandate was not followed the FIR can be quashed by the high court under section 482 of the CRPC.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

Dear Client,

FIR lack procedural due process and on this point only FIR liable to be quashed. Notification unless not quashed by Court, will prevail and court will take/consider - judicial noitce of same.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

That it has not been mentioned in FIR that you are a NRI is immaterial and hence cannot be a ground of FIR quashing. Furthermore, failure to obtain the sanction from NRI can be termed as a mere irregularity and not illegality. There is no provision in CrPC which mandates that sanction has to be obtained from a superior police officer before lodging the FIR against NRI. Therefore, according to me the FIR cannot be quashed on these grounds.

Ashish Davessar
Advocate, Jaipur
26131 Answers
782 Consultations

5.0 on 5.0

Sir I know about the GO but it only says that the incident must be brought to the knowledge of the zone IG. After that the police is to go ahead. The courts cannot dictate to the Investigating agencies as to how the investigation is to be carried out.An arrest stay can be granted by the hc if the go has not been followed by the police. The case would speak for itself....The non followance of the go is a procedural irregularity which should be challenged. As yours is an matrimonial matter it does have a huge significance as most of the firs are false and frivolous.

Regards

Rahul Mishra
Advocate, Lucknow
4346 Answers
11 Consultations

5.0 on 5.0

FIR can only be quashed by the high court and not by the police under any circumstances. The G. O. are to be mandatorily followed and you have a good case for getting the criminal proceedings Quashed against you in High Court as the requisite procedure was not followed.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

1. Why and how should I be aware of the circulars issued by a state govt other than the state in which I practice? Every state govt issues many circulars everyday. We the lawyers know the circulars issued only by the state in which we practice, not other states.

2. I am aware of the law and hence I answered your query. You must understand the difference between illegality and irregularity. Illegality vitiates the very foundation of the case and makes the entire structure liable to be demolished, whereas irregularity is curable.

3. Quashing of FIR is done by the High Court only if the allegations taken together on face value in FIR show no prima facie case is made out against the accused or that a mandatory statutory provision was not followed. It cannot be quashed merely because a GO which requires prior sanction from a superior police officer against a NRI before registration of FIR against him was not followed. There is no such provision in IPC or Cr.P.C. At the most this omission can only be termed as an irregularity which does not vitiate the entire case. Such a circular according to me is itself illegal and just an attempt to please and appease NRI votebank. This is an attempt by the govt to create a class legislation and hence does not satisfy the test of reasonable classification. Be that as it may, the judges of the High Court may have a different opinion.

Ashish Davessar
Advocate, Jaipur
26131 Answers
782 Consultations

5.0 on 5.0

A FIR can be quashed on grounds that it is a false and frivolous and same has been filed without following due procedure of the law.

A writ before high court can be preferred for quashing FIR at this juncture.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

Tough court can check the contents of the Fir and can go in legality of same still a petition before high court is best recourse as the court may judicially examine the issue. Further there is government notification and it.is mandate.for the department to follow same.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

FIR can be quashed only by HC

3) Police have no powers to quash FIR

3) if case has been registered against NRI without following GO in such cases HC can quash FIR

Ajay Sethi
Advocate, Mumbai
67030 Answers
4046 Consultations

5.0 on 5.0

Police has no authority to quash FIR, Investigation officer will referred the issue to IG, than cal will be taken by IG.

Either IG will refuse or grant permission. Till than investigation will not proceed.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Quashing of fir can be done by high court

Deepak Sharma
Advocate, Delhi
7 Answers

Not rated

High court may not entertain FIR quash on this ground.

You may have to challenge the police during trial proceedings about the validity of their investigation and also you can produce proof of your NRI citizenship.

It is a matter of trial and not strong enough for quash.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Is there any judgement where FIR was quashed because government order of taking IG approval was not taken for NRI? It is not written in the report that i am NRI. Can you please help to find such judgement or tell how I can find such a case?

There may be some relevant judgments, you may browse through the internet on most popular legal websites

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Since the police were not aware of your NRI status, and as they booked you on the charges of some offence, the high court may not entertain quash of FIR on this ground.

However there is no infirmity that you cannot aproach high court for quash.

The chances for getting it quashed are very bleak.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Yes, the High Court can give you relief in the present matter in light of the facts recited by you.

Approach the High Court and challenge this FIR in an MB FIR quashing petition.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

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