FIR closed vs Case closed what is the difference

FIR closed vs Case closed what is the difference

How to Close FIR

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FIR closed vs Case closed what is the difference

FIR may be closed by filing a LTR given at the link below, however if the proper procedure is followed then even the fir closure report by the police may be filed in the favor of the accused as follows:-

1.     fir closure report

-        a dismissed case is closed and closure report is different

-        a closed case doesn't mean it's dismissed by the court concerned

-        without dismissal by court also the case can be closed and the procedure is filing LTR

-        LTR may be filed by the accused as per the socialstigma.in

2.     FIR closed vs Case closed what is the difference

-        closed case means there's no evidences etc and this makes it different from Case Closed

-        without charges filed technically the case is not dismissed by the court but it is closed hence this is one more difference

-        closing of a case may happen on conviction

3.     What is closure report?

-        Police may file the FRT i.e., final report of truth

-        This FRT is called as the closure report or clean chit to the accused

-        This may happen even due to lack of evdience

4.     Is there any time limit to file FIR?

-        Case time limit in FIR matters are complicated so knowing the but a closed case does not include conviction, the time limit may be drawn accordingly

-        a dismissed case means no conviction definitely

-        time limit mat vary for dismissed case and FIR case closed matters

5.     Can a FIR be withdrawn?

-        FIR Closed just means that there are no evidences and probably the case is filed with malafide intent of the complainant and the FIR may be withdrawn but by the permission and consent and signed agreement and affidavit by the husband and the wife both

-        terminated case means dismissed case and such cases have no scope of withdrawing

-        no evidence to proceed against an accused means lack of evidence so the case is closed before even getting the FIR withdrawn

6.     What is final report under CrPC?

-        Final report means FRT i.e., what is the conclusion of the case

-        FRT may be a report b report or c report

-        file a closure report under section 169 Cr.P.C by the police

-        magistrate have power to reject the police closure report

7.     difference between closure report and final report

-        If magistrate does not agree with the police closure report, then the magistrate can issue suitable directions to state for further investigation

-        for investigation to be unsatisfactory, or incomplete the court has powers u/s 156(3) to direct the police for re-investigation

-        re-investigation may require submission of new chargesheet or again submit a final cosure report or FRT i.e., final report of truth

8.     closure report crpc section

-        FIR CLosed means police have closed the FIR as per FRT

-        Case closed means the court has closed or cancelled a case or FIR

-        Discharge Of The Accused U/S 245(2) Crpc is possible

9.     closure report meaning

-        classifications of criminal cases is of two types viz., police case and th private complaint case

-        police case is instituted on a police report under Section 173 Cr.P.C

-        after getting charge sheet copy the accused under Section 207 Cr.P.C., can apply discharge which is governed under Sections 239, 240 Cr.P.C.

10. protest petition against closure report

-        in private case there is no question of discharge in summons cases i.e., case where the notice of apperance have been sent to the accused

-        summons case may be of the type warrant-case, summons-case, or in certain cases as a summary trial case or last but not the least a sessions case ie., filed in the sessions court just above the hierarchy above a magistrate in court

-        above cases may be police or private both or any of these

-        In the warrant case the Magistrate has to consider the Final Report i.e., FR filed by the police

11. fir cancellation procedure

-        statement of witnesses recorded under Section 161 Cr.P.C., documents are necessary to be taken into account by the magistrate

-        judge has powers and he can examine the accused if required

-        groundless charges empower a magistrate to discharge the accused under Section 239 Cr.P.C.,

12. fir time limit

-        if not discharged then framing of charges under Section 240 Cr.P.C may be done by the magistrate

-        two cross happen in a private case but in a police case only one cross happens

-        trial commences on issuing copies under Section 207 Cr.P.C and these copies means usually the chargesheet given to accused and presente dbefore magistrate

-        in private complaints only after recording evidence under Section 244 Cr.P.C the trial may begun or even the discharge applicatiopn may be taken into consideration

-        While recording preliminary evidences and taking note of preliminary objections and preliminary submissions under Section 244 Cr.P.C., the accused has the fundamental right to cross examination of the complainant

13. withdrawal of fir by complainant

-        if the charge is groundless then the magistrate can discharge the accused

-        if the accused has committed an offence, the Magistrate can frame charges

-        difference in Sections 245(1) and 245(2) of the Cr.P.C. may be noted to undestand the difference between a case closed and a FIR closed

14. police final report sample

-        Under Section 200, after taking cognizance, the Magistrate has the power, right and duty to examine the complainant or witnesses

-        magistrate may direct the investigation to be made by the Police officer

-        Under Section 202(1)(a) Cr.P.C., the Metropolitan Magistrate cannot have such powers to give direction for investigation based on the offence complained

-        sufficient ground for proceeding empowers a magistrate to issue the process under Section 204 Cr.P.C.

-        Magistrate can issue summons to accused for securing the attendance of the accused

Therefore, it can be seen that the FIR is a legal document and the guidelines of the Supreme Court need to be followed but if the matter is required to be closed or cancelled by the accused based on falsity or based on counter evidences etc then it is suggested to file a LTR immediately. Further, for the benefit of men there may be many men rights activists or men rights organizations may be active to help pacify the men but the pacification or sympathy is NOT what a man/ husband looks for when false cases are filed on him. Hence, government of India needs to start a men cell india which may suggest the real fighting tactics to the men vis-a-vis counter/s and/ or challenge/s to close a false CAW or a FALSE FIR against a man/ boy/ husband/ celebrity, hence in all over India the government of India needs to start a Men Cell in Delhi type cells for men which must be registered by government of India to help boys/ husbands/ men from false cases and atrocities by disgruntled women/ wives/ girls and by the police respectively.

Email:- aturchatur@yahoo.com