You may go ahead and file a petition for quashing of the FIR in the HC and see if you may get some relief from the HC.
regards
Section 406
Person X has filed a false FIR against me under Section 406. The complaint has been filed solely for the purpose of harassment and person X has no evidence to support the FIR. I have given all evidences to police 7 months ago to prove that I was the victim. However, the FIR has still not been closed/FR (due to person X using influence to keep the FIR open). The police says the matter is now in court and all documents have been submitted to court. However, when checked in court they say police has not filed a FR. I am from Delhi and this FIR has been lodged in Kerala. As I don’t know Malayalam and I live in Delhi, I cannot travel to Kerala again and again. Please advise what should I do now? Is there any way to get the FIR closed at the earliest?
Asked 6 years ago in Civil Law
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14 Answers
Police have to complete investigations and submit closure report / charge sheet
2) if no report has been submitted file RTI application with police as to progress of investigations
Approach high court of kerala and file quashing petition before the high court to quash FIR as it is false and same is not possible.
Respected sir....
There are two things that if police will have sufficient mean of evidence that you are innocent then they have power to put you in coloum no 2 that you are innocent and if they goes against you then you will have to face trial no other options are there.. Just contact an advocate who is from Kerala he will help you....
Thank you
This is a fit case for quashing before the Hon'ble High Court under 482 of crpc..
The fir has been lodged and the chargesheet has not been filed till date. File an application for fir quashing in the kerala high court as the police is not proceeding and a criminal case is pending against you.
Regards
you can appoint a lawyer and he will attend the proceedings on your behalf. He will file exemption for you. You can also file quashing in high court and try to quash the FIR
A FIR can not remain open indefinite period. Police has to file either a close report or charge sheet to court within a reasonable period of time.
Why are you bothering, police may not have find any thing against you. Due to which charge sheet not filed and may file closer report later. If you are worrying due to pendency of it, can file quash petition in HC.
Move an application in the court for calling FR at the earliest as investigation is complete long ago, court will pass suitable order for the police department.
- As per the information mentioned in the present query, makes it clear that you have just been targeted to harass to the highest level.
- FIR cannot be closed until police gives closure report or you come out clean hand before the court of law (which will take time) or party settles the matter and get the FIR quashed from the Hon’ble High Court.
- In your case, transfer petition before the Hon’ble Supreme Court would be beneficial stating all the reasons including the language problem, no merits in case, difficulty in travelling stating further many reason.
- Once it gets transfer then you can bet well contest the case merits and can come out clean hand.
You say that this is a false case and you have evidence to prove that then you may file a quash petition before Kerala high court to quash the FIR instead of depending on the false information from police and this.
Dear
If the court is saying that police have not submitted the closure report then they have not submitted the chargesheet in court.
For closing the FIR you have to approach kerala high court for Quashing of FIR by all the evidences you have to prove your case which you have submitted to police during investigation procedure.
