Withdrawal of private complaint in magistrate court

P RaviShankar-cell-8939332195 (Querist) 21 May 2020 This query is : Resolved
Sir, I filed protest petition against closure report by police before magistrate. My protest petition was allowed and it was converted into private complaint. One of the accused person was a police inspector. At the time of allowing protest petition magistrate sided with one of the accused (police inspector) and told me that I should not pursue case against police inspector. Since I felt that I cannot get justice in that case I withdrew my case. Now as magistrate is transferred out I want to sincerely pursue my case. Please guide me in pursuing my remedy.

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A person filed a protest petition which was converted into a private complaint. However, due to perceived bias from the magistrate, they withdrew the case. Now, seeking to reopen the case after the magistrate's transfer, they've been advised that an unconditionally withdrawn complaint generally cannot be restored. While some suggested new evidence might allow a fresh complaint, others pointed to specific High Court rulings, though their applicability to this situation is debated. It's recommended to consult a local advocate for the best course of action.

Raj Kumar Makkad (Expert) 21 May 2020
Criminal complaint dismissed as withdrawn cannot be restored especially when the same was withdrawn unconditionally under your own signature.

It was better for you to seek help of this site or any other lawyer before you decided to take extreme step of demolishing your own case. I shall say you crushed your own case. There is no way/ground before you to revive the same complaint.

Dr J C Vashista (Expert) 22 May 2020
I agree with expert advise of Mr. Raj Kumar Makkad. You have withdrawn the complaint thereafter it can not be proceeded, the case stands closed.
If there is some new/ fresh cause of action and evidence you may file another (fresh) complaint.

P. Venu (Expert) 22 May 2020
Yes, there is nothing that could be done at this stage.

Raj Kumar Makkad (Expert) 22 May 2020
Thanks Dr. Vashishtha ji for agreeing with my reply.

Rajendra K Goyal (Expert) 22 May 2020
There is no possibility to revive the case at this stage.

Agree with the advice from expert Raj Kumar Makkad.

Guest (Expert) 22 May 2020
Refer the Orders Pronounced by Bombay High Court pronounced on 19th January 2018 in the Case of Sayaji Mahadu Gohane and Others VS Bajaj Auto Limited. " If there are Sufficient Cause and Justifiable Reasons the Restoration of the Complaint should be done " the Orders said. Discuss with an Local Good Practicing Advocate..

Guest (Expert) 22 May 2020
You have Very Good and Strong and Legally Acceptable and Justifiable Reasons to Reopen the Case But you should be Bold and also seek the guidance of an Very Good Very bold and Capable Advocate in your Concerned Court to handle this issue and case Perfectly.

K Rajasekharan (Expert) 26 May 2020
The judgement https://indiankanoon.org/doc/165490410/
is the one referred to above but the judgement seems to be quite inappropriate to come into a conclusion in regard to the question posed by the querist.

A writ court has enough inherent powers to secure ends of justice but a magistrate court has no such inherent powers to exercise.

Message likes : 1 times

P. Venu (Expert) 02 June 2020
Yes, the facts and law involved in the decision of the Bombay High Court (Aurangabad Bench) in Sayaji Mahadu Gavhane vs. Bajaj Auto Limited were entirely different. It can be no application in the instant case. Thanks, Mr. Rajasekharan.

Moreover, in my understanding, the course of action which the author seeks adopt amounts to forum hunting.

Raj Kumar Makkad (Expert) 02 June 2020
The judgment cited by one of the experts has no application in the facts of the present case.

Rajendra K Goyal (Expert) 02 June 2020
As advised, there is no chance to revive the case after withdrawal as advised by you.

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