Filing FIR in wrong IPC Sections for a person who went missing

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This topic contains 3 replies, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 month, 4 weeks ago.

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  • #4467

    Hello, I am a recent b.tech graduate. I went from my home for one and a half months. In between I didn’t contacted to my parents. So being unsure this incident my parents lodged a missing or kidnapping report to the local police station. So for that police took this FIR under IPC 155/18. So after returning me and my father had to go with the medical examination and court procedures of 164 cr.pc. So my question is, is this case falls under this IPC? if not then in which IPC it falls in? is the case could be finished by simply withdrawing the FIR when I am saying I have done that by my own without any others influence or the medical examination and court procedures were necessary for it? and I want to know that, is it necessary for this case to file an FIR or a GD?

  • #4471

    It is not possible to fully understand the facts of your case from your question. There appears to be misunderstanding of sections quoted by you.

    You have mentioned Section 155 IPC, but it relates to “Liability of person for whose benefit riot is committed”. This is completely unrelated to the facts of your case.

    Another section mentioned by you is Section 18 IPC, which defines “India”, so again it is completely unconnected with your case.

    It appears that police would taken the report of your going missing under Section 155 Cr.P.C. (and not IPC), which means that it is a report for a non-cognizable offence. At some places, police would generally record reports of persons missing as non-cognizable offence under Section 155 Cr.P.C., till it is confirmed that the person has actually been kidnapped / abducted or that some other regular cognizable offence is committed.

    Though I am not fully aware of the detailed facts of your case, it appears that when you returned, police might have got the medical examination done to confirm whether some offence was committed when you were missing. Though usually statement under Section 164 Cr.P.C. would not be recorded in such case, if they have really done it in your case, it is possible mainly for the purpose of recording the statement before a magistrate so that tomorrow fresh allegations would not be made.

    What I have mentioned above is pure guess work, looking at the circumstances, because your facts are not accurate. You are advised to ask the police itself about the accurate facts and the sections, etc. I don’t understand why can’t you directly ask the police about these things, instead of asking such vague question on a forum like this.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

  • #4475

    In the papers of medical examination and court procedure the written FIR was under section 155/18 and it is a single section I think. The procedure the initiated to close the case was taking the same case for the same person in further. But if it falls under non-cognizable offence then why they took this case as FIR not a GD? And if I withdrew the FIR wouldn’t the case simply get closed? was the medical examination and the 164 Cr.P.C. necessary for this case.

  • #4515

    I have given my reply already. It is not possible to add to the above reply in the absence of having seen full case documents. Please consult some local lawyer by showing him all the documents.     


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

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