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Hussen Khan   12 February 2019

IPC324 is pending against me

Hi all, since 9 years ipc 324 is pending against me and my 3 relatives my elder brother is the main accused we have got clean chit from apc office since long back but from then we are visiting megistrate court in Kurla west Mumbai now the case is on board and it is on urgent hearing soon we hope to get clean chit from this court also so i wanted to know wether it is possible that this case may go for a higher court or it will end here if it is forwarded to higher court by the petitioner it can be withdrawn by giving previos clean chit? please suggest



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 6 Replies

TGK REDDI   13 February 2019

Withdrawal is not contemplated; the case will be decided on merits, ex parte if necessary.

1 Like

Hussen Khan   13 February 2019

@TGK REDDI Sir Your reply is very Lawfull can you please revert in laymans language.

Hussen Khan   13 February 2019

@TGK REDDI Sir Your reply is very Lawfull can you please revert in laymans language.

TGK REDDI   13 February 2019

Withdrawals and compromises are allowed only in the First Court.    In Appeals or Revisions, withdrawal is not allowed.     Appeals and Revisions are either dismissed or decided on merits whether or not the Parties turn up.    

In other words, default is of no consequence.

NSV VARA PRASAD   13 February 2019

Where is your Counsel.

 

TGK REDDI   13 February 2019

Shri Om Prakash

Dear Sir

You're right.      In this case compromise is not allowed even in the First Court.      But withdrawal may be allowed in the First Court at the instance of the Assistant Public Prosecutor.

In Appeals or Revisions withdrawal or compromise is not allowed, whatever the offence, 

 


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