FIR closure by police and now I as complainant being called to court

[Ouchitya Karan]

Dear Sir,
I lodged an FIR regarding laptop theft from my car on 7th oct 2019. Although laptop was never found but now haryana police is asking me to come to court for hearing in front of judge and accept the closure of the FIR. I visited court but after waisting my complete day, cops are saying that there is some objection on mile file so i have to come again. I said i don’t need any closure report as laptop is already gone and I don’t want to waste my time any more. But on this the cop said that you have to come else, the court will issue summons on your name and after few summons, court will issue arrest warrant. So i want to know, is it really necessary to go court or the cops are harassing me so that they get few bucks? What happens if I don’t go to court on next date? Is lodging qn FIR is such a big crime?

Thanks in advance. I really need your help in this.

[Dr. Ashok Dhamija]

If you are the complainant in a criminal case and if the police has filed a closure report in that case [which is done under Section 173 of the Criminal Procedure Code], then under law, you have a right to file a protest petition to oppose the closure of the case by police. For this purpose, the court calls upon you to file your protest, if any, to the closure of the case.

However, if you don’t want to file any protest petition against the closure report, there is no reason why you should be harassed and called again and again to the court merely for that purpose. I think you can officially give / file your letter / application to the court and police to the effect that you don’t want to contest the closure report, and that you don’t want to file the protest petition, and that you don’t have any objection if the police wants to file a closure report. I think that should solve the issue.

     

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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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