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Ranjan (Service)     21 April 2009

withdrawal of case

Can the complainant withdraw the 138 case filed 5 years back against the accused who is no more traceable. Solicit opinion.

Rgds

Ranjan



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 3 Replies

Y V Vishweshwar Rao (Advocate )     21 April 2009

With drawel the case or allowing the cse to be dismissed indefault is at the option of the Complaiant , as the accused  whereabouts are not known and  not  traceable !

N.K.Assumi (Advocate)     21 April 2009

Punishment for 138 may extend to two years or with fine. In such case withdrawal not necessary, as the period of limitation to take cognizance by the Court is barred under section 468 clause (c) of the Criminal Procedure Code.

B.N.Rajamohamed (advocate / commissioner of oaths)     24 April 2009

YES a petition to withdraw the proceedings under section 257 Cr.P.C. shall be filed . It will be more in assistance to the court in reducing the burden of the court as our courts have several lakh cases pending disposal. 


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