How to close FIR / Criminal case

[RAHUL VASHISHT]

I am an accused and against me FIR under 156 (3) with sections 420 , 467 , 468 , 471 , 506 was filed with baseless and unsubstantiated claims in a property case. Sessions court granted bail and ordered property not to be sold by me without permission. After almost two years , investigation completed and closure report is ready with police and I too have a copy of the same through RTI. But police is not filing closure report with court . What to do , please advise.

[Dr. Ashok Dhamija]

If the closure report is already prepared, then the police will file it sooner or later in the court. So, the best course is to wait for some reasonable time, keeping in view the fact that the investigation process itself has been slow (taking two years). In some states (such as in Maharashtra), there are rules in the police department to file the closure report after obtaining approval from the Sub-Divisional Police Officer (also called Circle Officer / ACP at some places) who is supposed to check whether the investigation is being closed properly. May be that the police station may be in the process of taking such approval. Or, they may be waiting for the next date in the court to file the report. In any case, you may try to ascertain the reason from the police and the time when they would submit it to the court.

In the worst situation, since it is a Section 156(3) Cr.P.C. order case, you may request the Magistrate concerned to call for the police report. You may even request the senior officers of police in this regard, if needed.

     

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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.

[RAHUL VASHISHT]

Sir , thanks a lot for your reply and guidance. The sessions court in it’s verdict while granting bail had said that property in question to be sold after court approval. Now that closure report copy is there with me through RTI , can I go ahead and sell the property ?? Because , it may take years for the report to be filed with court. Have met police a number of times but they say don’t worry , in due course it will be done. Please guide .
Thanks again.

[Dr. Ashok Dhamija]

Please show the sessions court order to your lawyer and seek his guidance on its language. If it says court approval, then you should obtain or wait for such court approval. Do not sell property by violating the court orders.

As regards closure report, once you have said that it is already prepared, it should not take years; may be a couple of months, here and there. In case of long delay, take steps in my previous answer.     

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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.

[RAHUL VASHISHT]

Sir , the problem is that my lawyer seems to be misguiding as he says : “I can get you court permission but there will be cost to that”
I have already paid him for this case but he is treating this as separate. I need your advice as somebody was telling me that once closure report is received by me there is no bar on selling that property. The court verdict says : ” The accused be enlarged on bail with a condition that he will not dispose of the property without permission of the court where civil or criminal cases will be instituted ”
Please advise if I should go ahead and sell or wait for closure report to be filed with court.
Regards

[Dr. Ashok Dhamija]

You should obtain the permission of the court for disposing of the property, as it is clearly mentioned in the order.

In any case, the closure report is also yet to be submitted in court, and thereafter it will have to be accepted by the court after hearing the protest petition of the complainant, if any.

Thirdly, the above order also refers to the civil case which may be instituted.

In view of this, you should take prior approval of the court before disposing of the property.     

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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.

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