Legal Question in Criminal Law in India

A person has lodge a false FIR AGAINST Me that obscene sms send by me on his numbers. After investigation I.O. has filed his report of 173 that no offensive sms has been sent by accused number and offensive sms has been send to complainant from this and this number but user of this and this number did not found as soon as user of this and this no found then It will be told to honble court.

till date no summon issued against me

Is this report 173 is ground of quashing of FIR ?

Kindly reply I am falsely implicated in this FIR


Asked on 3/26/11, 1:50 pm

2 Answers from Attorneys
Vishwa Arya Arya & Co.

you must wait and watch the situation. the magistrate has the option to accept the report under 173 cr pc. If the ;magistrate accept it then FIR is gone and you need not take any action. If the magistrate may give notice to complainant and hear the complainant first before accepting it. the magistrate has the power to order further investigation also after the report. it is at that stage you may think of filing the quash petition.

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Answered on 3/27/11, 1:18 am
Shrichand Nahar S.V.Nahar, Advocate

Before rushing for a quashing petition, try to find out correct information.

If after investigation, I.O. arrived at conclusion that obscene sms were sent by some other mobile number, then he must have also submitted a Report U/s.169 and/or Summary request court to close case against you.

If that is the case, there is no point approaching the high court for quashing of FIR.

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Answered on 4/01/11, 3:18 am


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