Legal Question in Criminal Law in
my family and me have been charged with 498A, 306, 3 & 4 of the dowry prohibition act in Uttar Pradesh. the police fully investigated the case and have filed a final report in the court of CJM.
In the meantime the DIG has written to the SP to transfer the investigation. The SP office has written to the DIG informing them that the matter has been investigated and FR submitted to the court.
Can the DIG order that the FR be withdrawn ?
If yes what is the procedure..Will the DIG direct the SP to order the withdrawal or can he do it directly or will he order the SP to where he has ordered the investigation be transferred.
Is it compulsary for the magistrate to accept the withdrawal for reinvestigation...
What legal recourse can i take at this stage.. We are residents of Mumbai and have been falsely implicated in this matter.
3 Answers from Attorneys
it is not compulsory for the magistrate to accept final report.
The magistrate is under obligation to issue notice to complainant for final report. If complainant does not protest against the final report then magistrate may accept the final report.
If there is a protest, then, after hearing the prosecution and the complainant the magistrate will decide to accept the final report or not. in case the magistrate does not accept the final report, then magistrate has the power to order further investigation
an f.i.r. can be withdrawn by the police in case they are of the opinion that no case is made out. this withdrawl is legal and valid.
No, I do not agree with Mr Rajiv Gupta. The police cannot withdraw the FIR. The police can only submit a report u/s 173 Cr p. c. If the police submit a "cancellation report", the magistrate is required in law to hear the complainant and pass appropriate order either to (a) accept the report; or (b) reject the report and order further investigation; or (c) order summoning of accused after recording complainant's evidence, if a case is made out.
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