Withdrawal of FIR and Its Impact on Police Records: A Comprehensive Guide
Withdrawal of FIR and Its Impact on Police Records: A Comprehensive Guide
When a FIR (First Information Report) is withdrawn due to a bona fide mistake, it raises several questions about its impact on the police record. This article aims to clarify these concerns based on legal principles and standard procedures.
Assumptions and Considerations
If a FIR is withdrawn, it is generally assumed that the charge sheet is not filed in the court. If the mistake is acknowledged by the court as bona fide, the case may be closed or classified as C (Not True or False).
Legal Action
Upon withdrawal, the police will typically refer the case as an MF (Mistake of Fact) and proceed accordingly with a report to the court. The court will provide further directives regarding the case based on its jurisdiction. Until this process is completed, the case will remain on the records.
Impact on Police Records
The police maintain records of all crimes and criminals who are concerned in such crimes. These records are maintained at the police station level and ultimately consolidated at the district or city level. In the event of a withdrawal, the name of the person involved in the case will still appear in the records, but with a classification of C (Not True or False).
Details of the Case
Against each person involved in the case, the record will include details of the case against him. If the complaint or FIR is withdrawn, the person will not be treated as a criminal and will not be adversely affected by the record. This means that the record will not classify him as a criminal for any purpose.
Legal Discharge
Under Section 169 of the CrPC (Criminal Procedure Code), if a person who was arrested under a mistaken FIR is released, it will be done with a proper legal process. The record will be updated to reflect this discharge.
Future Impact
The record exists but it does not reflect a criminal disposition. A case closed due to withdrawal will be noted as Closed with notes that it was withdrawn or acquitted or dismissed due to default or prosecution error. This means that the records are not visible as actual criminal charges.
Legal Documentation
If a person was initially innocently accused, the complaint will show a closure and dismiss by the complainant, with no action taken. It is important to have the order of the court proving the closure or acquittal available when the individual faces any problems due to this record.
Conclusion
In summary, while the name and record of the person involved in the mistaken FIRQ still exist in the police records, the classification and disposition of the case ensure that they are not treated as a criminal. Proper legal documentation and court involvement are crucial for ensuring that these records do not adversely impact the individual.