I am dr ravish ranjan ,police have made me accused of 302 in a medical negligence case,when I was out of that town from last 5 days.i have my official leave grant,train reservation,photographs of marriage ceremony of me on that day . Then I given written application to SP to remove my name from FIR with all documents but instead of that DSP have made case true without looking my application. So now can DSP remove my name from that FIR if it has been made true? & Guide me what to do?
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Dear Ravish Ji
if you may file a writ petition before the High Court under article 226 of Constitution of India or file a quashing petition before the High Court u/s 482 of Cr.P.C. based on Alibi.
if the Police consider your documents/evidence then the police has also power to remove your name from the Case based on principle of Alibi.
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"if the Police consider your documents/evidence then the police has also power to remove your name from the Case" by saying this...are you sayingthat DSP can remove my name from FIR if he consider my documents? Will it be legal/he still have that power as he himself had made this FIR true? (as SP have sent my application to DSP but he hadn't seen it and made case true earlier only)
1. yes
2. yes, it is legal read the below mention section:
169. Release of accused when evidence deficient. If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.
you may file an application U/s 173(8) of Cr.P.C. for further investigation before the SP or file Writ/Quashing
after FIR is filed police have to carry out detailed investigations
2) at time of filing of charge sheet police can drop your name if they dont find any evidence against you
1) after FIR is lodged your statement can be recorded by the police
2) rely upon evidence in your possession that you were not in town during the days wherein offence occured
3) you can file petition in HC for quashing of FIR against you under section 482 of cr pc
1.Only the Investigating Officer can do this and not the DSP.
2.Removal of name occurs only when the Police submits charge sheet and not before that.
3.So wait till submission of chargesheet.
4.if police does not do this then go for quashing in high court.
5. As per recent supreme court decisison no FIR can be registered agaisnt a Doctor in medical negligence case.
FIR with all documents but instead of that DSP have made case true without looking my application.
So now can DSP remove my name from that FIR if it has been made true? & Guide me what to do?
The DSP cannot remove your name, the IO who will inquire and investigate the matter can recommend to delete your name for the list of accused if his investigation reveals that there is no substance or material evidence to implead you in this case as an accused.
"if the Police consider your documents/evidence then the police has also power to remove your name from the Case" by saying this...are you sayingthat DSP can remove my name from FIR if he consider my documents?
The DSP cannot do it but eh IO can recommend to delete you name from FIR.
1. If the FIR has been sent to the court already then police can file a closure report. ONce the court accepts the closure report the proceedings will be closed.
2. Depending on the specific allegations made in the FIR and the material you have in support of your assertion you may move the High Court for the quashing of the FIR.
