The FIR as registered by police cannot be changed. Therefore, it is not possible to physically remove the name of an accused person from the FIR by changing it.
However, once the FIR is registered, investigation follows. During the investigation, if it is found by police that there is no evidence or insufficient evidence against one or more accused persons who have been named in the FIR, then the police can remove their names from the list of accused persons and not charge sheet them. In fact, if insufficient evidence or no evidence is found during investigation against all accused persons named in the case, then the whole case be closed and a closure report can be filed under Section 173 of Cr.P.C. In such a scenario, if the accused person was in custody, he may be released by police officer under Section 169 of the Cr.P.C., subject to its conditions, as shown below:
“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.”
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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