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?


Asked on 7/05/09, 10:34 pm

7 Answers from Attorneys

Pranav Desai PD Legal & Associates

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 If the magistrate agrees then the case is withdrawn.

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Answered on 7/08/09, 1:14 am
Pranav Desai PD Legal & Associates

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 If the magistrate agrees then the case is withdrawn.

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Answered on 7/08/09, 1:16 am
Pranav Desai PD Legal & Associates

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 If the magistrate agrees then the case is withdrawn.

Read more
Answered on 7/08/09, 1:16 am
Pranav Desai PD Legal & Associates

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 If the magistrate agrees then the case is withdrawn.

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Answered on 7/08/09, 1:16 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: withdrawal of case by police

yes, the police may file a 'final report' u/s 173 cr. p.c. about its investigation.

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Answered on 7/07/09, 12:10 am
Shrichand Nahar S.V.Nahar, Advocate

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.

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Answered on 7/06/09, 12:49 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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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Answered on 7/06/09, 1:07 am


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