Legal Question in Constitutional Law in

Accused are on regular bail, challan has been submitted and the accused are being tried u/s 323, 148, 149, 285, 506 IPC and 27/54/59 of Arms Act. Case was fixed for charge. Now, the prosecution /police officer, in collusion with accused, has submitted the report for cancellation of FIR and to discharge the accused. Now the case is fixed for consideration for cancellation of complaint/FIR & to discharge the accused. What I should do? Whether any petition in protest can be filed; if so under what section?


Asked on 9/12/10, 8:18 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

Before accepting the prosecution plea for discharge on report under section 173 cr P c, the court is under obligation to give the complainant a notice and give him an opportunity to lodge protest orally or in writing and show his cause for not discharging the accused. But from facts one thing is not clear. You say that challan has been submitted. that means the case is at the stage of framing of charge. if that be so, complainant has no role. it is the prosecution who has to show as to how the charges are made out based on complaint and investigation.the complainant in such cases may just assist the prosecution without one to one say to the court

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Answered on 9/12/10, 8:22 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

after the amendment of Crpc, you may also take the help of lawyer and he would assist the prosecution in this matter. even if the judge cancels the f.i.r, you have an option to appeal against the order.

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Answered on 9/12/10, 11:32 pm


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