Please note that once the FIR has been registered by police, it is required to investigate into the offence. However, in the following two situations, police may refuse to investigate and close the case:
- When information as to the commission of any offence is given against any person by name and the case is not of a serious nature.
- If it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.
Barring these two situations, the police will conduct investigation in the allegations made in the FIR. On completion of the investigation, police submits a final report under the provisions of Section 173 of the Criminal Procedure Code, which may be of two types:
- If there is sufficient prima facie evidence available to prosecute the accused persons, police may file a final report in the form of a charge sheet.
- If there is no prima facie evidence available to prosecute the accused persons or if the allegations in the FIR are found to be false or if no offence is made out on the facts of the case, then the police may file a final report in the form of a closure report.
So, under law, these are the possible ways in which the investigation may lead to closure of the case by police registered vide the FIR.
However, you as complainant, would get a chance to represent before the Magistrate against the closure of the case.
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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