Legal Question in Criminal Law in India
Fir admit under section 154 based on document which fir admit under section 420,667,668 now question under what section fir can be cancelled or change or remove it's section ????or a police inspector or police officer can chage or remove it's section which has charge on criminal person who is criminal of section 420,467,468???
2 Answers from Attorneys
There is no question of cancellation or change of FIR. Once registered, FIR will remain as it is.
However, after investigation, police may or may not agree with the allegations made in the FIR and file its report accordingly.
the counsel for the accused may argue at the time of framing of charge that a particular charge is not made out and the court is at its discretion to frame or not to frame the charge. the f.i.r. may also be quashed by the high court.
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