LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

suresh (consultant)     01 August 2008

withdrawl of prosecution

A complaint was lodged against a person in Economic Offence Court and the person was absconding. The other persons in the same case against whom complaints were lodged were acquitted by judge. Since the person is absconding, his case was separated from others and separate number was assigned. Now if we wish to withdraw the prosecution against such person presuming that the prosecution was launched on the basis of complaint from central government, what is the procedure to withdraw the complaint. Whether we have to write against to PP?


Learning

 3 Replies

Kiran Kumar (Lawyer)     01 August 2008

well one fact is there that the accused is absconding so he will first have to surrender before the court and seek his regular bail from the court.


secondly, if the matter was of pvt nature and the same is compromised then u may proceed with withdrawl of the complaint but if the matter pertains to offence against public at large then u can not withdraw it unilateraly.

deepak kumar (Advocate)     01 August 2008

if a person is absconding and it is a private complaint then cognizance must have been taken against him.




 


once cognizance is taken in a case it can not be withdrawn by the private complainant.




 


if it was on police report then also it can only be withdrawn by the Public Prosecutor.


 


www.advocatesdiary.blogspot.com

puneet (lawyer)     01 August 2008

if it;s a pvt complaint then u can withdraw it any time u want but if the magistrate has ordered the police on ur complaint to register a f.i.r then if it's a compoundable offence then u can copound the matter but an economic offence cases are normally non compoundable or compoundable with the pemission of court . the later part of vmy reply will applicable in case u lodged the f.i.r with the police


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query