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ashok kumar (Social Worker)     18 February 2014

Withdrawal by complainaint in 138nia case

Withdrawal by complainaint in 138NIA Case

The complainant makes an application to the Court stating that he has reached an out of court settlement with the accused and that he wishes to withdraw the case(complaint filed by him).

Query 1: Is it necessary that the accused should also be present at the time of withdrawal?

Query 2: Can the Court reject the application and ask the complainant to proceed ahead with the case?

Query 3: Can the Court ask for the details of what settlement has the complainant reached with the accused?

 2 Replies

adv.raghavan (Advocate,9444674980)     20 February 2014

Kindly refer section 257 crpc.

Advocate Bhartesh goyal (advocate)     20 February 2014

Sec 257 of Cr.P.C

257. Withdrawal of complaint

If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

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