Untracted report

Tilak Marg Forum for Legal Questions › Forums › Criminal Law › Untracted report

Viewing 4 reply threads
  • Author
    Posts
    • May 16, 2017 at 5:09 pm #1295
      Babu Ram
      Guest

      In a case register under sections – 341, 356, 506, 427, 148, 149 IPC. Police filed untracted report and complaint made written statment that he agrees with untraced report. Court accepted the untraced report and stated that as law laid by Hon’ble Supreme count in (1995) 1 SCC the cognizance of this offences can be taken again if fresh material found. Five years passed to this order , can any of the accused ask cour to permanently close the case?

    • May 17, 2017 at 12:03 pm #1296
      Babu Ram
      Guest

      correction – can any of the accused, those who were arrested in the case, ask court to permanently close the case?

    • May 17, 2017 at 9:13 pm #1298
      Dr. Ashok Dhamija
      Advocate

      You have mentioned that the court had already accepted the report of closing the case. And, this happened 5 years back. The court has only given liberty only in case of further evidence being found. Now that 5 years’ period has lapsed after that, in a case of this nature (these are all minor offences, when compared with the type of offences that are investigated by police), nothing is likely to happen now. So, you can relax now. As the case is already closed (as you have mentioned), there may not be any need to approach the court again.     

      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. List of his YouTube Videos.

    • May 17, 2017 at 9:31 pm #1299
      Babu Ram
      Guest

      Thanks a lot for answer Sir, In such case if any of accused wants to leave country, do he need to get approval from court. and Can any of the accused apply for quashing of FIR?

    • May 18, 2017 at 10:47 pm #1302
      Dr. Ashok Dhamija
      Advocate

      If the case is already closed, where is the need for getting the FIR quashed? Case closed means that the FIR and the subsequent investigation are now no more valid.

      Further, restrictions on foreign visits are placed as bail conditions after arrest. If the case is closed, that means the bail bond might have been dischraged. Please confirm that, and if it is so, then there are no restrictions on foreign travel. Even if the bail bond is still valid, you’ll have to see if there is any restriction on foreign travel imposed as per conditions for granting bail. If there is no such restriction, then you would be free to travel abroad.     

      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. List of his YouTube Videos.

  • Author
    Posts
Viewing 4 reply threads
  • The forum ‘Criminal Law’ is closed to new Questions and replies.