Home | Legal Advice | Criminal Law | Quashing of first information report (FIR)

Quashing of first information report (FIR)

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Criminal Law

Reading Time:

Question: I want the quashing of the first information report (FIR). A false first information report FIR has been lodged against me by the university. There are three students who are working on a project in association with me. I am the senior most of them hence, has a privilege to check the progress report of others. Now the university says that I have prepared my thesis on the materials and data collected by the fellow researchers. I have the evidence to prove that allegations are false. I have kept the record of all data and findings of tests which are not related to the others. One advocate says that I should file a case in the high court under Section 482 crpc. Please help.

Asked from: Uttar Pradesh

Your advocate is giving wrong advise. The first information report does not quash under Section 482 of the code of criminal procedure (crpc). When the officer in charge of the police station records the FIR he forwards a copy of it to the competent judicial magistrate under Section 157 crpc.

At this stage the magistrate does not take cognisance because FIR is not a document of institution of a criminal case. In absence of the cognisance it cannot be said that a criminal proceeding is pending against the accused.

Consequently, the High Court does not entertain the petition for the quashing of FIR which is filed under Section 482 crpc. 

Quashing of first information report (FIR) under Article 226 

At this stage you should move a writ petition in the High Court under Article 226 of the constitution for the quashing of FIR. If you have evidence which prima facie proves that the accused (you) has not committed the alleged offence, the court may quash the FIR.

At this stage the court does not appreciate the evidence because the appreciation of evidence is the matter of trial. The first information report  is not an encyclopaedia of relevant facts [Rajesh Bajaj vs State (1999) 3 SCC 259]. Hence, the court does not examine the veracity of FIR. Court does wait until the filing of the charge sheet because more detailed and relevant facts are unearthed after the investigation. 

Therefore, in the quashing petition, the High Court superficially examines the evidence which you produce along with the petition. You must bear in mind that the evidence which you want to produce for quashing the FIR must be capable of proving your innocence on the first impression. 

In S. M. Dutta vs State of Gujarat (2001) 7 SCC 659 the Supreme Court has held that “criminal proceedings, in the normal course of events ought not to be scuttled at the initial stage, unless the same amounts to an abuse of process of law.” 

You must satisfy the High Court that there is no incriminating evidence against you and the contents of FIR do not disclose commission of offence. In Bhajan Lal case the Hon’ble Supreme Court has held that FIR should be quashed, if FIR does not disclose the commission of any offence and nor make out a case against the accused.

As you said that you have evidence to prove your innocence. Hence, you must move a writ petition under Article 226 of the constitution for quashing of FIR.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54