Legal Question in Criminal Law in India
withdrawal of case by police
In a criminal case, after booking the culprit under IPC (but without filing charge sheet), can police withdraw the case if does not find sufficient supporting evidence during investigation?
7 Answers from Attorneys
Re: withdrawal of case by police
If there is no sufficient evidence against the accused the police can file a final report with the magistrate. If the magistrate agrees then the case is withdrawn.
Re: withdrawal of case by police
If there is no sufficient evidence against the accused the police can file a final report with the magistrate. If the magistrate agrees then the case is withdrawn.
Re: withdrawal of case by police
If there is no sufficient evidence against the accused the police can file a final report with the magistrate. If the magistrate agrees then the case is withdrawn.
Re: withdrawal of case by police
If there is no sufficient evidence against the accused the police can file a final report with the magistrate. If the magistrate agrees then the case is withdrawn.
Re: withdrawal of case by police
yes, the police may file a 'final report' u/s 173 cr. p.c. about its investigation.
Re: withdrawal of case by police
There can not be any withdrawal by police.
After investigation, if police arrive at conclusion that there is no offence committed at all or the offence is committed, but not by the accused before them, then police can send necessary Report to that effect to the Magistrate.
The Magistrate may agree with the Report of the police and accept it or disagree with the Report and take further recourse in accordance with law.
Re: withdrawal of case by police
the police can not withdraw the case but can file for cancellation of f.i.r. before the concerned magistrate. but it is a rare practise.
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