Can an FIR simply be withdrawn? Why Neet protest cases may take time

The Centre has promised to withdraw Neet protest cases, but the process is not automatic. Here's why an FIR cannot simply be cancelled and why some cases may take longer to close

The Centre has assured Neet paper leak protesters that criminal cases registered during the protests will be withdrawn. Maharashtra, Bihar and Assam have also announced that they will drop cases against protesters.

 

Even so, several students continue to receive police notices and summons. This has prompted questions about why legal proceedings are continuing despite the government announcing that the cases will be withdrawn.

 

The answer lies in the criminal justice process. Once an FIR is registered, it cannot simply be cancelled through a government announcement. The procedure depends on the stage of the case and, in many instances, requires judicial approval.

 

Why is there confusion?

The Centre's assurance created an expectation that all criminal cases would immediately come to an end. However, no state has publicly explained the legal process it will follow to close the cases.

 

As a result, investigations have continued in several places, while students named in FIRs are still being asked to respond to police notices or court proceedings.

Can an FIR be withdrawn overnight?

A legal expert said the answer is no.  "The moment an FIR is registered, a legal process begins that neither the police nor the government can simply call off on their own. Under Section 360 of the Bharatiya Nagarik Suraksha Sanhita, the power to withdraw a prosecution rests with the state, but it still needs the court's consent," said Amitraj Kaushal, advocate at the Supreme Court.

 

"If a chargesheet has already been filed, the matter is now before a judge and the government becomes just another party making a request. Political will and legal closure are two very different things and the distance between them is often measured in months not days," he told Business Standard.

What happens after an FIR is registered?

After an FIR is lodged, the police are required to investigate the allegations.

 

Based on the investigation, they may either find sufficient evidence and file a chargesheet before a magistrate or conclude that no case is made out and submit a closure (final) report.

 

In both situations, the court has an important role. "Once an FIR is registered the police have no choice but to investigate. From that point the case takes on a life of its own," Kaushal said.

 

"If a chargesheet is filed before a magistrate, the case formally enters the judicial system and the state cannot pull it back without the court saying yes. If the police instead file a closure report, the magistrate still has to accept it. Nothing closes automatically," he added.

 

He said the Neet protest cases are spread across several states and districts, meaning every case has to be processed separately. "There is no master switch for it," Kaushal said.

Why does the stage of the case matter?

The procedure differs depending on how far the case has progressed.

 

If the investigation is still underway and the police conclude that no offence is made out, they can submit a closure report before the magistrate. The case ends only if the court accepts that report.

 

If a chargesheet has already been filed, the prosecution has formally begun. In such cases, the state has to seek withdrawal before the court, which examines the request before deciding whether to permit it.

 

Because each case follows its own legal process, closure can take weeks or even months instead of happening immediately after a government announcement.

Why could Maharashtra take longer?

Maharashtra follows an additional administrative process for withdrawing certain politically sensitive criminal cases.

 

According to Kaushal, proposed withdrawals first go through a committee constituted under the state's Government Resolution (GR) mechanism before reaching the court.

 

"That committee looks at the nature of the offence, how far along the case is and whether dropping it actually serves the public interest. Only cases that pass that scrutiny get recommended for withdrawal, and even then the court has to give its consent," he said.

 

"It is a process designed to prevent arbitrary decisions but it also means that a public announcement and actual case closure can be separated by a considerable amount of time," he added.

What should students who have received notices do?

Kaushal said the students should continue to comply with police notices and court directions until the case is formally closed.

 

"A notice does not vanish because a minister made a statement. Until a court formally records a withdrawal and closes the matter every notice that has been issued remains legally alive," Kaushal said.

 

"People who have received notices still need to respond and comply through proper legal channels. Sitting back and waiting for things to resolve on their own based on a news report is risky," he added.

 

He also advised those who have received notices to seek legal advice, saying that failing to respond within the prescribed time could create separate legal complications regardless of whether the original case is eventually withdrawn.