Withdrawal of complaint aginst one of the accused
anyay
(Querist) 05 February 2012
This query is : Resolved
resp. lawyers,
A complaint was filed against three accused persons.
lateron, it was found that accused no.2 had no concern with the offence and under misconcievement of facts, he was made an accused.
Can we withdraw the complaint against him and amend the memo of parties before M.M.without altering the proceedings, as the case has been fixed for pre summoning evidence ?
Devajyoti Barman
(Expert) 05 February 2012
During statement u/s 202 crpc the complainant can state the no association of the concerned person with the crime.
Advocate. Arunagiri
(Expert) 05 February 2012
You can file a petition to that effect u/s 321 cr.p.c.
321. Withdrawal from prosecution.
The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and upon such withdrawal,—
(a) If it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences;
(b) if it is made after a charge has been framed, or when under this Code no charge is required he shall be acquitted in respect of such offence or offences:
anyay
(Querist) 05 February 2012
Thanks for kind consideration.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 February 2012
