Legal Question in Criminal Law in India
Can the employee withdraw a "FIR lodged by him on behalf of a PSU regarding embezzlement of fund by another officer of the company " if the company's senior officers refuse to vet or authorise the contents of the statement of the employee to be filed with police or courts.
3 Answers from Attorneys
The High Court only has the power(s) to quash the the FIR . The employee cannot withdraw his FIR against anyone .
Once FIR is registered by the police, there is no provision for the complainant to withdraw. The investigation machinery is set in motion and further process is between police and the court. The police may, after investigation, file a cancellation report which may be accepted by the concerned Magistrate only he finds that there is evidence to support the complaint.
There is nothing known as withdrawal of FIR.
Once a FIR is registered, it is for the police to investigate and arrive at conclusion.
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