Reopen of criminal case

mukesh gupta (Querist) 27 May 2012 This query is : Resolved
my brother had filed a crminal case against me in 2005 and thereafter withdrew the same in 2007, he had filed case for forgry wich is non compoundable, but however we settled our dispute accordingly he withdrew the case, now after 5 years he again wants to reopen the case, can he do so?

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Nadeem Qureshi (Expert) 27 May 2012
no he can not reopen the case after 5 year

Sudhir Kumar, Advocate (Expert) 27 May 2012
Let him try and then you prosecute him for malicious prosecution

R.K Nanda (Expert) 27 May 2012
No, he cannot do it.

PARTHA P BORBORA (Expert) 27 May 2012
he can not re open the old case, be may file a new case. and in my opinion there is every possibility that he wii file a new case of same nature within a sort period. so you should thake professionl advice from a llocal crininal awyer..

Rajeev Kumar (Expert) 28 May 2012
No he can't reopen the case after five years.

venkatesh Rao (Expert) 28 May 2012
Withdrawal of complaint can not be reopened at the instance of the withdrawer at any point of time; forget about 5 years. Withdarwal in open court presupposes that the court has been satisfied that the withdrawal is voluntary and normally the signature f the parties will be obtained in the order sheet in token of the same.

Shonee Kapoor Online

(Expert) 30 May 2012
Nothing left to be added.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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