Legal Question in Criminal Law in India
IF after investigation I.O. filed closer report before court in regard to false FIR then Is this enough for closing case ?
4 Answers from Attorneys
Report of Police is not binding on the Court and the court can come to conclusion different then the police.
However, generally court tends to accept report of the police and close the matter.
But, in addition to what mr. Nahar has opined, it is obligatory for the Magistrate to issue a notice to the complainant intimating the closure report and to see if the complainant has any objection.
I agree.
the closure report is just the reflection of IOs mindset and cannot be considered closure. the magistrate may accept the closure, deny it or order reinvestigation of the case. in any case, the right to appeal accrues to complainant or accused.
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