• Can police cancel 498a 120 FIR in re-investigation from high rank police Officer

1.	Fir U/S 498a &120 registered against my parents & brother 
2.	No charge sheet filed yet 
3.	IO favored the opposite party without any solid evidence 
4.	Filed quashing in the high court – still pending at early stage, no date fixed yet
5.	Filed re-investigation application to police, for re-inquiry by any higher rank officer, for same false FIR, seems they are helping & acknowledging that my parents are innocent 

Can police cancel the fir in the reinvestigation? Or just the HC court can do it?
Asked 8 months ago in Family Law
Religion: Sikh

2 answers received in 10 minutes.

Lawyers are online now to answer your questions.

15 Answers

police can on re investigation submit closure report to court 

 

 

2)  Section 173 of the Code provides for an investigation to be completed without unnecessary delay and also makes it obligatory on the Officer-in-charge of the Police Station to send a report to the Magistrate concerned in the manner indicated therein, containing the various details. If the police submits a report under Section 173 of the Code to the effect that a case Is made out for sending the accused for trial, the Magistrate is not bound to accept the opinion of the Police. It Is open to the Magistrate to take the view that the facts disclosed in the report do not make out an offence for taking cognizance or he may take the view that there is no sufficient evidence to justify 5 of 14 and accused being put on trial. On the other hand, if the Magistrate agrees with the report, then he will take cognizance of the offence. In case, the Police submits a report stating therein that no case is made out against the accused for sending him for trial, the Magistrate, agreeing with the report, may accept the final report and close the proceedings, but the Magistrate may also take a view on consideration of the final report that the opinion formed by the Police is not based on full and complete investigation and in such a situation, the Magistrate can order for further investigation. It is always open for the Magistrate to decline to accept the closure report and direct the Police to further investigate the matter,

Ajay Sethi
Advocate, Mumbai
75988 Answers
4544 Consultations

5.0 on 5.0

Police cannot cancel  once the FIR has been registered. They can file B- report in court. A 'B-Summary' report is filed when police do not find any evidence against the accused to file a charge sheet and seek trial.

Only, High Court has powers to quash a FIR. 

Siddharth Jain
Advocate, New Delhi
5493 Answers
63 Consultations

5.0 on 5.0

They can discharge you in the reinvestigation if required but normally they don't do. HC is a only hope now

Prashant Nayak
Advocate, Mumbai
19794 Answers
36 Consultations

4.4 on 5.0

after lodging FIR the police will investigate the matter and if they found and primary evidence in favor of the defacto complainant they will file charge sheet before court. if the police found the complaint is false during their investigation, they will file a refer charge sheet due obtain permission for their sub divisional officer. the case can not be closed in the police station they should file charge sheet or refer charge sheet into the court. until then the police is responsible for the case.

Mohammed Mujeeb
Advocate, Hyderabad
16614 Answers
11 Consultations

4.5 on 5.0

There cannot be re investigation till police dose not file charge sheet in court and magistrate powers are limited to order change investigation officer. Apply to commissioner for change of IO.

No power to cancnel FIR to police but can file closer report.

Yogendra Singh Rajawat
Advocate, Jaipur
19461 Answers
25 Consultations

4.5 on 5.0

The investigation officer will only investigate the case and prepare the charge sheet. No higher officer can do anything. If the fir quashing petition is dismissed then file an application for quashing of the charge sheet.

Regards 

Rahul Mishra
Advocate, Lucknow
9092 Answers
16 Consultations

5.0 on 5.0

Police can file closure report if no evidence is found against the alleged persons, before the concerned magistrate.

Prateek Kapil
Advocate, Roorkee
5 Answers

Not rated

No police has no power to cancel FIR the police as per it's investigation can only submit report based on which the court decides.

Directly FIR can be closed by only high court.

Shubham Jhajharia
Advocate, Ahmedabad
24970 Answers
99 Consultations

5.0 on 5.0

- Once the FIR is lodged, it can be either quashed or the name can be removed with order of court on chargesheet/recommendation submitted by investigation officer.

 

Regards

 

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
690 Answers
4 Consultations

5.0 on 5.0

Police can not cancel any FiR . After investigation if police find no truth in the allegation, police shall have to send a closer report to the magistrate who ultimately decides further course of action in respect of the FIR.

Kallol Majumdar
Advocate, Kolkata
2683 Answers
4 Consultations

5.0 on 5.0

The IO if investigating the matter honestly and submits his report stating that no offence is made out under the alleged section, and seeks closure of the case, then the court may decide after receiving and recording the objections, if any from the defacto complainant.

The FIR can be quashed only by high court

T Kalaiselvan
Advocate, Vellore
65969 Answers
861 Consultations

5.0 on 5.0

Only HC can do for quashing of FIR or complainant can withdraw the FIR and no further investigation needed and close the FIR.

Ganesh Kadam
Advocate, Pune
10225 Answers
92 Consultations

4.9 on 5.0

1. Have the accused taken anticipatory  bail from the Court?

 

2. How do you know that the IO has favoured the complainant while submitting his investigation report when no charge sheet has yet been filed by the IO?

 

3. Ordinarily Indian Courts entertain quash petition after filing of charge sheet.

 

4. Finding the loopholes in the charge sheet, arguments are to be laid  for quashing the FIR.

 

5. Develop working rapport with the IO to ensure that he submits the charge sheet at the earliest keeping enough loop holes in it to enable you to get it quashed by the high Court.

Krishna Kishore Ganguly
Advocate, Kolkata
24296 Answers
671 Consultations

5.0 on 5.0

Police can exonerate your parents by discharging them while filing chargesheet in court. 

Police cannot cancel FiR it will be don't only by quashing of FIR by High court.

 

Mohit Kapoor
Advocate, Rohtak
8764 Answers
3 Consultations

5.0 on 5.0

Dear Sir,

Police cannot cancel once the FIR has been registered. They can file B- report in court. A 'B-Summary' report is filed when police do not find any evidence against the accused to file a charge sheet and seek trial. Only, High Court has powers to quash a FIR.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
25 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer