Response

“If the Investigating Officer (IO) does now no longer locate any prima facie cloth in opposition to you that may hyperlink you with the crime that has been dedicated then your call may be eliminated via way of means of him from the First Information Report (FIR) earlier than submitting the chargesheet and it might now no longer seem withinside the rate sheet. The police have this strength vested directly to them via way of means of Section 173 of the Code of Criminal Procedure, 1973.

If a few names aren’t blanketed withinside the Charge sheet via way of means of police, usually jurisdictional Justice of the Peace will also approve the exclusion after going via the contents. However, the complainant additionally has a proper to attain a replica of the chargesheet and the complainant can technique the Justice of the Peace and report the complaint if any and ask the Justice of the Peace to appearance in to lapses if any in rate sheet.

Once the names are eliminated from rate sheet, such of these humans can report defamation case in opposition to the complainant. Although you’ve got got every other alternative of having the FIR quashed in opposition to you via way of means of the High Court. You can technique the High Court beneathneath Section 482 of the Code of Criminal Procedure, 1973, the High Court has inherent powers, so that you can pray for purchasing the FIR in opposition to you quashed.”

Reference: Section 173 and 482 of the Code of Criminal Procedure, 1973 – – AHG188 – 202100553 – 100 – 128 – 202100153202100412497

LAWAYZ-2023-979